OCCUPATIONAL HEALTH, SAFETY AND WELFARE ACT 1986

OCCUPATIONAL HEALTH, SAFETY AND WELFAREACT 1986

Reprint No. 1—4.2.91Reprint No. 2—1.7.93Reprint No. 3—1.7.94 [Whole Act replaced]Reprint No. 4—3.4.95 [New Parts 1, 3, 5, 6, 8, Schedules and Appendix]Reprint No. 5—3.2.97 [New Part 8, Schedules and Appendix]Reprint No. 6—1.1.01 [Whole Act replaced]Reprint No. 7—4.5.02 [New Part 1 and Appendix]

[Each Part is numbered from page 1. Subscribers to the Consolidation Service will receivecomplete replacement Parts incorporating amendments to this Act as they come into force.]

(Reprint No. 7)

South Australia

OCCUPATIONAL HEALTH, SAFETY AND WELFARE ACT 1986

An Act to provide for the health, safety and welfare of persons at work; to repeal the IndustrialSafety, Health and Welfare Act 1972; to make related amendments to the Industrial Conciliationand Arbitration Act 1972 and the Mines and Works Inspection Act 1920; and for other purposes.

This Act is reprinted pursuant to the Acts Republication Act 1967 and incorporates all amendmentsin force as at 4 May 2002.

It should be noted that the Act was not revised (for obsolete references, etc.) by the Commissionerof Statute Revision prior to the publication of this reprint.

(Reprint No. 7)

2 Occupational Health, Safety and Welfare Act 1986

OCCUPATIONAL HEALTH, SAFETY AND WELFARE ACT 1986

being

Occupational Health, Safety and Welfare Act 1986No. 125 of 1986 [Assented to 24 December 1986]1

as amended by

Occupational Health, Safety and Welfare Act Amendment Act 1989 No. 24 of 1989 [Assented to 27 April1989]2

Occupational Health, Safety and Welfare Act Amendment Act 1990 No. 67 of 1990 [Assented to 20 December1990]3

Statutes Amendment (Chief Inspector) Act 1993 No. 1 of 1993 [Assented to 25 February 1993]4

Occupational Health, Safety and Welfare (Plant) Amendment Act 1993 No. 46 of 1993 [Assented to 20 May1993]5

Occupational Health, Safety and Welfare (Registration Fees) Amendment Act 1993 No. 51 of 1993 [Assentedto 20 May 1993]6

Occupational Health, Safety and Welfare (Administration) Amendment Act 1994 No. 50 of 1994 [Assented to16 June 1994]7

Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996 No. 34 of 1996 [Assented to2 May 1996]8

Offshore Minerals Act 2000 No. 11 of 2000 [Assented to 4 May 2000]9

Occupational Health, Safety and Welfare (Penalties) Amendment Act 2000 No. 86 of 2000 [Assented to14 December 2000]10

1 Came into operation (except ss. 3-6, 19-71, Scheds. 1, 2 and 3) 16 April 1987: Gaz. 2 April 1987, p. 806;remainder of Act came into operation 30 November 1987: Gaz. 8 October 1987, p. 1068.

2 Came into operation (except ss. 9 and 11) 22 June 1989: Gaz. 22 June 1989, p. 1709; remainder of Actcame into operation 1 July 1990: Gaz. 24 May 1990, p. 1404.

3 Came into operation 1 January 1991: Gaz. 20 December 1990, p. 1842.4 Came into operation 1 July 1993: Gaz. 17 June 1993, p. 1974.5 Came into operation 3 April 1995: Gaz. 23 February 1995, p. 422.6 Came into operation 1 July 1993: s. 2.7 Section 24(d) came into operation 1 July 1994: s. 2(2)(c); remainder of Act came into operation 1 July

1994: Gaz. 30 June 1994, p. 1842.8 Came into operation 3 February 1997: Gaz. 19 December 1996, p. 1923.9 Came into operation 4 May 2002 (by virtue of the Acts Interpretation Act 1915, s. 7(5)).

10 Came into operation 1 January 2001: Gaz. 21 December 2000, p. 3689.

NOTE:Asterisks indicate repeal or deletion of text.Entries appearing in bold type indicate the amendments incorporated since the last reprint.For the legislative history of the Act see Appendix.

(Reprint No. 7)

Occupational Health, Safety and Welfare Act 1986 3

SUMMARY OF PROVISIONS

PART 1PRELIMINARY

1. Short title2. Commencement3. Objects of Act4. Interpretation5. Application of Act6. Non-derogation

PART 2THE OCCUPATIONAL HEALTH, SAFETY AND WELFARE ADVISORY COMMITTEE

7. The Advisory Committee8. Functions of the Advisory Committee9. Terms and conditions of office

10. Allowances and expenses11. Proceedings, etc., of the Advisory Committee12. Confidentiality13. Immunity of members of Advisory Committee

PART 3GENERAL PROVISIONS RELATING TO OCCUPATIONAL HEALTH,

SAFETY AND WELFARE

19. Duties of employers20. Employers’ statements for health and safety at work21. Duties of workers22. Duties of employers and self-employed persons23. Duties of occupiers23A. Duties of designers and owners of buildings24. Duties of manufacturers, etc.24A. Duties of owners of plant25. Duties applicable to all persons

PART 4HEALTH AND SAFETY REPRESENTATIVES AND COMMITTEES

DIVISION 1—PRELIMINARY

26. Preliminary

DIVISION 2—APPOINTMENT OF HEALTH AND SAFETY REPRESENTATIVESAND COMMITTEES

26A. Interpretation27. Health and safety representatives may represent groups28. Election of health and safety representatives29. Election of a deputy health and safety representative30. Term of office of a health and safety representative31. Health and safety committees

DIVISION 3—FUNCTIONS OF HEALTH AND SAFETY REPRESENTATIVESAND COMMITTEES

32. Functions of health and safety representatives33. Functions of health and safety committees34. Responsibilities of employers

(Reprint No. 7)


DIVISION 4—RESOLUTION OF HEALTH, SAFETY OR WELFARE ISSUES

35. Default notices36. Action where the health or safety of a worker is threatened37. Attendance by inspector

PART 5INSPECTIONS

38. Powers of entry and inspection

PART 6IMPROVEMENT NOTICES AND PROHIBITION NOTICES

39. Improvement notices40. Prohibition notices41. Notices to be displayed42. Review of notices43. Powers of committee on review44. Worker’s entitlement to pay while notice is in force45. Action on default

PART 7REVIEW COMMITTEES

46. Review committees47. Constitution of review committees48. Procedures of the committee49. Appeals50. Immunity of members

PART 8MISCELLANEOUS

51. Immunity of inspectors and officers52. Inspector to produce certificate of authority53. Delegation54. Power to require information55. Confidentiality56. Discrimination against workers57. Assignment of workers during a cessation of work58. Offences59. Aggravated offence60. Continuing or repeated offences61. Offences by bodies corporate62. Health and safety in the public sector63. Code of practice63A. Use of codes of practice in proceedings64. Evidentiary provision65. Annual Report66. Modifications of regulations67. Exemption from Act67A. Registration of employers68. Consultation on regulations69. Regulations70. Repeal71. Amendment of certain Acts

(Reprint No. 7)


SCHEDULE 1Regulations

SCHEDULE 2Extension of Act to Specified Plant

SCHEDULE 3Amendment of Certain Acts

APPENDIXLEGISLATIVE HISTORY

(Reprint No. 7)PART 1


The Parliament of South Australia enacts as follows:

PART 1PRELIMINARY

Short title1. This Act may be cited as the Occupational Health, Safety and Welfare Act 1986.

Commencement2. (1) This Act shall come into operation on a day to be fixed by proclamation.

(2) The Governor may, in a proclamation fixing a day for this Act to come into operation,suspend the operation of specified provisions of this Act until a subsequent day fixed in theproclamation, or a day to be fixed by subsequent proclamation.

Objects of Act3. The chief objects of this Act are—

(a) to secure the health, safety and welfare of persons at work; and

(b) to eliminate, at their source, risks to the health, safety and welfare of persons at work;and

(c) to protect the public against risks to health or safety arising out of or in connectionwith—

(i) the activities of persons at work; or

(ii) the use or operation of various types of plant;

(d) to involve employees and employers in issues affecting occupational health, safety andwelfare; and

(e) to encourage registered associations to take a constructive role in promotingimprovements in occupational health, safety and welfare practices and assistingemployers and employees to achieve a healthier and safer working environment.

Interpretation4. (1) In this Act, unless the contrary intention appears—

"accident" means an unplanned occurrence or incident that causes or contributes to personalinjury or damage to property;

"Advisory Committee" means the Occupational Health, Safety and Welfare AdvisoryCommittee established under Part 2;

"approved code of practice" means a code of practice approved by the Minister pursuant tosection 63;

"business day" in relation to a particular workplace means any day on which work is normallycarried out at the workplace;

(Reprint No. 7)PART 12 Occupational Health, Safety and Welfare Act 1986

"contract of service" means—

(a) a contract under which one person is employed by another;

(b) a contract of apprenticeship;

(c) a contract, arrangement or understanding under which a person receiveson-the-job training in a trade or vocation from another;

"Corporation" means the WorkCover Corporation of South Australia;

"the designated person" means—

(a) in relation to mines to which the Mines and Works Inspection Act 1920applies—the Chief Inspector of Mines;

(b) in relation to operations to which the Petroleum Act 1940, the Petroleum(Submerged Lands) Act 1982 or the Offshore Minerals Act 2000 applies—theDirector-General of Mines and Energy;

(c) in any other case—a public service employee authorised by the Minister toexercise the powers of the designated person under this Act;

"the Director" means—

(a) the person for the time being holding, or acting in, the office of the ChiefExecutive Officer of the Department of the Minister to whom theadministration of this Act is committed;

* * * * * * * * * *

"employee" means a person who is employed under a contract of service or who works under acontract of service;

"employer" means a person by whom an employee is employed under a contract of service orfor whom work is done by an employee under a contract of service;

"health and safety committee" means a health and safety committee established under Part 4;

"health and safety representative" means a health and safety representative elected inaccordance with Part 4;

"the Industrial Commission" means the Industrial Commission of South Australia;

"the Industrial Court" means the Industrial Court of South Australia;

"inspector" means—

(a) in relation to mines to which the Mines and Works Inspection Act 1920applies—an inspector of mines under that Act;

(b) in relation to operations to which the Petroleum Act 1940 applies—aninspector under that Act;



(c) in relation to operations to which the Petroleum (Submerged Lands) Act 1982applies—an inspector under that Act;

(ca) in relation to operations to which the Offshore Minerals Act 2000 applies—aninspector under that Act;

(d) in any other case—a public service employee authorised by the Minister toexercise the powers of an inspector under this Act;

"metropolitan area" means the area comprised by—

(a) Metropolitan Adelaide as defined in the Development Plan compiled underthe Planning Act 1982; and

(b) the City of Adelaide and the Municipality of Gawler;

"occupier" in relation to a place means a person who has the management or control of theplace;

"officer" in relation to a body corporate means—

(a) a member of the governing body of the body corporate; or

(b) an executive officer of the body corporate; or

(c) a receiver or manager of any property of the body corporate; or

(d) a liquidator;

"plant" includes—

(a) any machinery, equipment, appliance, implement or tool;

(b) without limiting the application of this Act to any plant used at work or atany workplace, any plant to which this Act extends by virtue of schedule 2;

(c) any component, fitting, connection, mounting or accessory used in or inconjunction with any of the above;

"registered association" means—

(a) an association registered under the Industrial Relations Act (S.A.) 1972 or theIndustrial Relations Act 1988 of the Commonwealth; or

(b) the United Trades and Labor Council;

"review committee" means a review committee constituted under Part 7;

"safe" connotes safe from injury and risks to health;

"ship" includes a boat, vessel or craft;

"South Australian ship" means a ship—

(a) that is registered in the State; or


(b) that is owned or under charter by the Crown; or

(c) that is owned or under charter by a body corporate or other person—

(i) whose principal office or place of business is in the State; or

(ii) whose principal office or place of business with respect to the controlor management of the ship is in the State;

"substance" means any natural or artificial substance, whether in solid, liquid or gaseous form;

"work group" means a group of employees constituted as a work group for the purposes ofPart 4;

"work-related injury" means—

(a) an injury, disease or disability; or

(b) the loss or destruction of, or damage to, an artificial limb or other prosthesisor a medical or surgical aid or appliance; or

(c) any death,

that is attributable to work and includes the aggravation, exacerbation or recurrence of a priorwork-related injury;

"workplace" means any place (including any aircraft, ship or vehicle) where an employee orself-employed person works and includes any place where such a person goes while at work.

(2) For the purposes of this Act, where a person ("the contractor") is engaged to perform workfor another person ("the principal") in the course of a trade or business carried on by the principal,the contractor, and any person employed or engaged by the contractor to carry out or to assist incarrying out the work, shall be deemed to be employed by the principal but the principal’s dutiesunder this Act in relation to them extend only to matters over which the principal has control orwould have control but for some agreement to the contrary between the principal and thecontractor.

(3) For the purposes of this Act, where a person, in connection with a trade or business carriedon by the employer, performs work for an employer gratuitously, the person shall be deemed to beemployed by the employer.

(4) The following matters are aspects of occupational health, safety and welfare:

(a) the general well-being of employees while at work;

(b) the prevention of work-related injuries and work-related fatalities;

(c) the investigation of the causes of work-related injuries and work-related fatalities;

(d) the rehabilitation and retraining of people who have suffered work-related injuries.

(4a) The safe operation or use of any plant referred to in schedule 2 will be taken to be anaspect of occupational health, safety and welfare.



(5) For the purposes of this Act—

"Division 1 fine" means a fine not exceeding $200 000;






"Division 7 fine" means a fine not exceeding $5 000.

Application of Act5. (1) This Act or specified provisions of this Act do not apply in relation to—

(a) work or classes of work; or

(b) employees or classes of employees,

excluded by regulation from the application of this Act or specified provisions of this Act.

(2) Subject to any regulations made for the purposes of subsection (1), this Act applies inrelation to work on a South Australian ship whether or not the ship is within the coastal waters ofthe State.

(3) This Act binds the Crown in right of the State and also, so far as the legislative power ofthe State extends, in all its other capacities.

Non-derogation6. (1) The provisions of this Act are in addition to and do not derogate from the provisions of

any other Act.

(2) The provisions of this Act do not limit or derogate from any civil right or remedy andcompliance with this Act does not necessarily indicate that a common law duty of care has beensatisfied.



PART 2THE OCCUPATIONAL HEALTH, SAFETY AND WELFARE

ADVISORY COMMITTEE

The Advisory Committee7. (1) The Occupational Health, Safety and Welfare Advisory Committee is established.

(2) The Advisory Committee consists of nine members appointed by the Governor of whom—

(a) three will be appointed on the Minister’s nomination after consulting with associationsrepresenting employers and with associations representing employees (including theUTLC); and

(b) three will be appointed on the Minister’s nomination after consulting with associationsrepresenting employers; and

(c) three will be appointed on the Minister’s nomination after consulting with associationsrepresenting employees (including the UTLC).

(3) One member1 of the Committee must be appointed by the Governor2 to preside at meetingsof the Committee.

1 The member is referred to in this Act as the "presiding member" of the Committee.

2 The appointment must be made from among the members appointed under subsection (2)(a).

Functions of the Advisory Committee8. (1) The functions of the Advisory Committee are—

(a) to advise the Minister on the formulation and implementation of policies relating tooccupational health, safety or welfare; and

(b) to advise the Minister (on its own initiative or at the request of the Minister) on—

(i) proposals to make amendments to this Act, or to make regulations under thisAct; and

(ii) other legislative proposals that may affect the operation of this Act; and

(c) to recommend to the Minister regulations and codes of practice relating to occupationalhealth, safety or welfare, to keep the regulations and codes of practice under reviewand, where appropriate, make recommendations for their revision; and

(d) to advise the Minister on occupational health, safety and welfare standards and to reportto the Minister (on its own initiative or at the request of the Minister) on any othermatter relating to occupational health, safety or welfare; and

(e) to keep the administration and enforcement of legislation relevant to occupationalhealth, safety and welfare under review; and

(f) to keep the role of health and safety representatives under review; and

(g) to keep the provision of services relevant to occupational health, safety and welfareunder review; and


(h) to consult and co-operate with relevant national, State and Territory authorities; and

(i) to keep the courses of training in occupational health, safety and welfare under review;and

(j) to carry out other functions assigned to the Advisory Committee by the Minister or byor under this or any other Act.

(2) The Advisory Committee may conduct public meetings and discussions and may, with theapproval of the Minister, conduct inquiries, on questions arising before the Advisory Committee.

(3) The Advisory Committee may on its own initiative, and must at the direction of theMinister, consult and co-operate with the Corporation, other government authorities at a State ornational level, representatives of registered associations and other persons or bodies.

(4) Before the Advisory Committee recommends the making of a regulation, code of practice orstandard, the Advisory Committee should—

(a) make the proposed regulation, code of practice or standard available for publiccomment; and

(b) consider whether an industry impact statement should be prepared and advise theMinister accordingly; and

(c) if the Minister or the Advisory Committee considers that the proposed regulation, codeof practice or standard should be tested—ensure that an appropriate pre-approval trialhas been conducted.

(5) The Advisory Committee may, with the approval of the Minister, establish subcommittees toassist the Committee.

(6) A subcommittee may, but need not, consist of, or include, members of the AdvisoryCommittee.

Terms and conditions of office9. (1) A member of the Advisory Committee will be appointed on conditions, and for a term

(not exceeding 3 years), determined by the Governor and, on the expiration of a term ofappointment, is eligible for re-appointment.

(2) The Governor may remove a member from office for—

(a) breach of, or non-compliance with, a condition of appointment; or

(b) mental or physical incapacity to carry out duties of office satisfactorily; or

(c) neglect of duty; or

(d) dishonourable conduct.

(3) The office of a member becomes vacant if the member—

(a) dies; or

(b) completes a term of office and is not re-appointed; or



(c) resigns by written notice addressed to the Minister; or

(d) is found guilty of an indictable offence; or

(e) is found guilty of an offence against subsection (5) (Disclosure of interest); or

(f) is removed from office by the Governor under subsection (2).

(4) On the office of a member of the Advisory Committee becoming vacant, a person must beappointed, in accordance with this Act, to the vacant office.

(5) A member who has a direct or indirect personal or pecuniary interest in a matter underconsideration by the Advisory Committee—

(a) must, as soon as practicable after becoming aware of the interest, disclose the natureand extent of the interest to the Committee; and

(b) must not take part in a deliberation or decision of the Committee on the matter andmust not be present at a meeting of the Committee when the matter is underconsideration.

Maximum penalty: Division 5 fine or imprisonment for two years.

(6) The court by which a person is convicted of an offence against subsection (5) may, on theapplication of an interested person, make an order avoiding a contract to which the non-disclosurerelates and for restitution of property passing under the contract.

Allowances and expenses10. (1) A member of the Advisory Committee is entitled to fees, allowances and expenses

approved by the Governor.

(2) The fees, allowances and expenses are payable out of the Compensation Fund under theWorkers Rehabilitation and Compensation Act 1986.

Proceedings, etc., of the Advisory Committee11. (1) Meetings of the Advisory Committee must be held at times and places appointed by the

Committee, but there must be at least six meetings per year.

(2) Six members of the Advisory Committee constitute a quorum of the Committee.

(3) The presiding member of the Advisory Committee will, if present at a meeting of theCommittee, preside at the meeting and, in the absence of the presiding member, a member chosenby the members present will preside.

(4) A decision carried by a majority of the votes of the members present at a meeting of theAdvisory Committee is a decision of the Committee.

(5) Each member present at a meeting of the Advisory Committee is entitled to one vote on amatter arising for decision by the Committee, and, if the votes are equal, the person presiding atthe meeting has a second or casting vote.

(6) The Advisory Committee must ensure that accurate minutes are kept of its proceedings.

(7) The Advisory Committee may open its proceedings to the public unless the proceedingsrelate to commercially sensitive matters or to matters of a private confidential nature.


(8) Subject to this Act, the proceedings of the Advisory Committee will be conducted as theCommittee determines.

Confidentiality12. A member of the Advisory Committee who, as a member of the Committee, acquires

information that—

(a) the member knows to be of a commercially sensitive nature, or of a private confidentialnature; or

(b) the Committee classifies as confidential information,

must not divulge the information without the approval of the Committee.

Maximum penalty: Division 6 fine.

Immunity of members of Advisory Committee13. (1) No personal liability attaches to a member of the Advisory Committee for an act or

omission by the member or the Committee in good faith and in the exercise or purported exerciseof powers or functions under this Act.

(2) A liability that would, but for subsection (1), lie against a member lies instead against theCrown.



PART 3GENERAL PROVISIONS RELATING TO OCCUPATIONAL HEALTH,

SAFETY AND WELFARE

Duties of employers19. (1) An employer shall, in respect of each employee employed or engaged by the employer,

ensure so far as is reasonably practicable that the employee is, while at work, safe from injury andrisks to health and, in particular—

(a) shall provide and maintain so far as is reasonably practicable—

(i) a safe working environment;

(ii) safe systems of work;

(iii) plant and substances in a safe condition; and

(b) shall provide adequate facilities of a prescribed kind for the welfare of employees atany workplace that is under the control and management of the employer; and

(c) shall provide such information, instruction, training and supervision as are reasonablynecessary to ensure that each employee is safe from injury and risks to health.

Maximum penalty: For a first offence—division 2 fine.For a subsequent offence—division 1 fine.

* * * * * * * * * *

(3) Without derogating from the operation of subsection (1), an employer shall so far as isreasonably practicable—

(a) monitor the health and welfare of the employer’s employees in their employment withthe employer, insofar as that monitoring is relevant to the prevention of work-relatedinjuries; and

(b) keep information and records relating to work-related injuries suffered by employees intheir employment with the employer and retain that information and those records forsuch period as may be prescribed; and

(c) provide information to the employer’s employees (in such languages as are appropriate)in relation to health, safety and welfare in the workplace (including the names ofpersons to whom the employees may make inquiries and complaints about mattersaffecting occupational health, safety or welfare); and

(d) ensure that any employee who is to undertake work of a hazardous nature notpreviously performed by the employee receives proper information, instruction andtraining before he or she commences that work; and

(e) ensure that any employee who is inexperienced in the performance of any work of ahazardous nature receives such supervision as is reasonably necessary to ensure his orher health and safety; and

(f) ensure that any employee who could be put at risk by a change in the workplace, inany work or work practice, in any activity or process, or in any plant—


(i) is given proper information, instruction and training before the change occurs;and

(ii) receives such supervision as is reasonably necessary to ensure his or herhealth and safety; and

(g) ensure that any manager or supervisor is provided with such information, instructionand training as are necessary to ensure that each employee under his or hermanagement or supervision is, while at work, so far as is reasonably practicable, safefrom injury and risks to health; and

(h) monitor working conditions at any workplace that is under the management and controlof the employer; and

(i) ensure that any accommodation, or eating, recreational or other facility, provided for thebenefit of the employer’s employees while they are at work, or in connection with theperformance of their work, and under the management or control of the employer(either wholly or substantially), is maintained in a safe and healthy condition.

Employers’ statements for health and safety at work20. (1) Every employer shall—

(a) prepare and maintain, in consultation with—

(i) health and safety committees; and

(ii) the employer’s employees; and

(iii) any health and safety representative who represents those employees; and

(iv) on the application of an employee—a registered association of which thatemployee is a member; and

(v) if the employer so decides—any other registered association nominated by theemployer of which the employer is a member,

policies relating to occupational health, safety and welfare at the workplace; and

(b) (i) prepare and keep up to date a written statement setting out with reasonableparticularity the arrangements, practices and procedures at the workplaceprotecting the health and safety of the employer’s employees at theworkplace; and

(ii) take reasonable steps to bring the contents of that statement to the notice ofthose employees.


* * * * * * * * * *

Duties of workers21. (1) An employee must take reasonable care to protect the employee’s own health and safety

at work.




(1a) An employee must take reasonable care to avoid adversely affecting the health or safety ofany other person through an act or omission at work.


(1b) An employee must so far as is reasonable (but without derogating from subsection (1)or (1a) or from any common law right)—

(a) use equipment provided for health or safety purposes; and

(b) obey reasonable instruction that the employer may give in relation to health or safety atwork; and

(c) comply with any policy that applies at the workplace published or approved by theMinister after seeking the advice of the Advisory Committee; and

(d) ensure that the employee is not, by the consumption of alcohol or a drug, in such astate as to endanger the employee’s own safety at work or the safety of any otherperson at work.


(2) In determining the standard of care applicable to a worker whose native language is notEnglish and who is not reasonably fluent in English regard must be had to—

(a) whether information relating to occupational health and safety has been reasonablyavailable to the worker in a language and form that the worker might reasonably beexpected to understand; and

(b) whether instruction or training of the worker (if any) has been carried out in a languageand form that the worker might reasonably be expected to understand.

Duties of employers and self-employed persons22. (1) An employer or a self-employed person must take reasonable care to protect his or her

own health and safety at work.


(2) An employer or a self-employed person must take reasonable care to avoid adverselyaffecting the health or safety of any other person (not being an employee employed or engaged bythe employer or the self-employed person) through an act or omission at work.

Maximum penalty: For a first offence—division 2 fine;For a subsequent offence—division 1 fine.

Duties of occupiers23. The occupier of a workplace shall ensure so far as is reasonably practicable—

(a) that the workplace is maintained in a safe condition; and

(b) that the means of access to and egress from the workplace are safe.



Duties of designers and owners of buildings23A. (1) A person who designs a building that is reasonably expected to comprise or include a

workplace must—

(a) ensure so far as is reasonably practicable that the building is designed so that peoplewho might work in, on or about the workplace are, in doing so, safe from injury andrisks to health; and

(b) ensure that the building complies in all respects with prescribed requirements (if any)applicable to it.


(2) The owner of a building that comprises or includes a workplace must—

(a) ensure so far as is reasonably practicable that the building, and any fixtures or fittingswithin the building that are under the control of the owner, are in a condition thatallows people who might work in, on or about the workplace to be safe from injury andrisks to health; and

(b) ensure that the building complies in all respects with prescribed requirements (if any)applicable to it.


(3) In this section—

"building" includes a part of a building.

Duties of manufacturers, etc.24. (1) A person who designs, manufactures, imports or supplies any plant to which this

subsection applies shall—

(a) ensure so far as is reasonably practicable that the plant is designed and constructed soas to be safe—

(i) when properly used and maintained; and

(ii) when subjected to reasonably foreseeable forms of misuse; and

(b) ensure so far as is reasonably practicable that the plant is designed and constructed sothat people who might use, clean or maintain the plant are, in doing so, safe frominjury and risks to health; and

(c) take such steps to test or examine, or arrange for the testing or examination of, theplant as are reasonably necessary to ensure compliance with paragraphs (a) and (b); and

(d) ensure that the plant complies in all respects with prescribed requirements (if any)applicable to it; and



(e) ensure so far as is reasonably practicable that adequate information about anyconditions necessary to ensure the safe installation, use and maintenance of the plant issupplied with the plant.


(2) A person who erects, installs or modifies any plant to which this subsection applies shallensure so far as is reasonably practicable that it will be safe—

(a) when properly used and maintained; and

(b) when subjected to reasonably foreseeable forms of misuse.


(2aa) Subsections (1) and (2) apply to—

(a) any plant that is to be used, or reasonably expected to be used, at a workplace; and

(b) without limiting the operation of paragraph (a), any plant to which this Act extends byvirtue of schedule 2.

(2a) Without derogating from the operation of subsections (1) and (2), where any structure is tobe erected in the course of any work—

(a) the person who designs the structure must ensure so far as is reasonably practicable thatthe structure is designed so that the persons who are required to erect it are, in doingso, safe from injury and risks to health; and

(b) any person who manufactures any materials to be used for the purposes of the structuremust ensure so far as is reasonably practicable that the materials are manufactured sothat the persons who are required to erect the structure are, in using, handling orotherwise dealing with the materials, safe from injury and risks to health; and

(c) any person who imports or supplies any materials to be used for the purposes of thestructure must ensure so far as is reasonably practicable that the materials are in such astate as to be safe to any person who must use, handle or otherwise deal with thematerials; and

(d) the person undertaking the erection of the structure must ensure so far as is reasonablypracticable that the structure is safe during the course of its erection and subsequentuse.


(3) A person who manufactures, imports or supplies any substance for use at a workplaceshall—

(a) ensure so far as is reasonably practicable that the substance is in such a state as to besafe—


(i) when properly used, handled, processed, stored, transported or disposed of;and

(ii) when subjected to reasonably foreseeable forms of improper use, handling,processing, storage, transportation or disposal; and

(b) ensure so far as is reasonably practicable that the substance is in such a state thatpersons who might use, handle, process, store, transport or dispose of the substance are,in doing so, safe from injury and risks to health; and

(c) take such steps to test or examine, or arrange for the testing or examination of, thesubstance as are reasonably necessary to ensure compliance with paragraphs (a) and (b);and

(d) ensure that the substance complies in all respects with prescribed requirements (if any)applicable to it; and

(e) ensure so far as is reasonably practicable that adequate information about anyconditions necessary to ensure its safe use, handling, processing, storage, transportationor disposal is provided in connection with the supply of the substance.



"structure" includes a part of a structure.

Duties of owners of plant24A. (1) The owner of any plant to which this section applies must—

(a) ensure so far as is reasonably practicable that the plant is maintained in a safecondition; and

(b) ensure that the plant complies in all respects with prescribed requirements (if any)applicable to it; and

(c) ensure so far as is reasonably practicable that adequate information necessary to ensurethe safe use of the plant is supplied to any user of the plant.


(2) This section applies to—

(a) any plant that is used at a workplace; and

(b) without limiting the operation of paragraph (a), any plant to which this Act extends byvirtue of schedule 2.


"owner" includes, in relation to any plant to which this Act extends by virtue of schedule 2which is installed in, or used in connection with, a building or structure on a permanent basis,the owner, lessee or occupier of the building or structure.



Duties applicable to all persons25. (1) A person (not being an employer, employee or occupier of a workplace) shall not—

(a) misuse or damage anything provided in the interests of health, safety or welfare; or

(b) place at risk the health or safety of any other person while that person is at work.

(2) It is a defence to a charge of an offence against subsection (1) for the defendant to prove—

(a) that the act or omission alleged to give rise to the offence was neither intentional norreckless; or

(b) that there is a reasonable excuse for that act or omission.



PART 4HEALTH AND SAFETY REPRESENTATIVES AND COMMITTEES

DIVISION 1—PRELIMINARY

Preliminary26. For the purposes of this Part, "employee" does not include—

(a) a self-employed contractor unless the work performed by the contractor is of a classprescribed for the purposes of this paragraph; or

(b) a person employed in a managerial capacity unless a majority of employees at theparticular workplace have resolved that it is reasonable to treat the person as anemployee for the purposes of this Part; or

(c) where the employer is a body corporate, an officer of the body corporate.

DIVISION 2—APPOINTMENT OF HEALTH AND SAFETY REPRESENTATIVESAND COMMITTEES

Interpretation26A. In this Division—

"interested employee", in relation to the constitution or composition of a work group or healthand safety committee, means an employee whose interests could be affected by the constitutionor composition of that group or committee (or a change in such constitution or composition);

"recognised member" of a group means a member of the group who—

(a) by agreement between the employer and—

(i) any interested employees; or

(ii) a person appointed by such employees; or

(b) in default of agreement, by determination of the Industrial Commission,

is recognised as a member of the group for the purposes of the election of any health and safetyrepresentative to represent the group, and the other provisions of this Division relating to theoffice of health and safety representative.

Health and safety representatives may represent groups27. (1) A group of employees may elect a health and safety representative to represent a work

group for the purposes of this Act.

(2) The constitution of a work group will be determined by agreement between the employerand—

(a) any interested employees; or

(b) a person appointed by such employees.

(3) Where an employer is requested by an employee to act to constitute a work group for thepurposes of this section, the employer must respond to the request within 14 days of its receipt.


(4) If an employee is a member of a registered association, that registered association must, atthe request of the employee, be consulted in relation to any proposal relating to the formation of awork group that could affect the employee.

(5) A work group must be constituted in a manner that takes into account—

(a) the need for a health and safety representative representing that group to be able toperform his or her functions effectively; and

(b) the need for the employer to be able to fulfil his or her responsibilities to a health andsafety representative representing that group effectively.

(6) Insofar as may be relevant to a particular case, and subject to any guidelines issued by theCorporation after seeking the advice of the Advisory Committee, the following matters should beconsidered in relation to the constitution of a work group:

(a) the number of employees employed by the employer;

(b) the nature of each type of work performed by the employer’s employees;

(c) the number and grouping of employees who perform the same or similar types of work;

(d) the areas or places where each type of work is performed;

(e) the extent to which any employee must move from place to place while at work;

(f) the times at which particular work is performed;

(g) the overtime or shift-work arrangements that apply in relation to the performance ofwork;

(h) the nature of particular risks involved in each type of work;

(i) any other relevant factor.

(7) Where—

(a) an employer fails to respond to a request in accordance with subsection (3); or

(b) a dispute arises in relation to the constitution of a work group under this section,

an employee, the employer or, if any employee is a member of a registered association, thatregistered association if so requested by such an employee, may refer the matter to the IndustrialCommission.

(8) Where a matter is referred to the Industrial Commission under subsection (7), the IndustrialCommission must attempt to resolve the matter by conciliation.

(9) If a matter cannot be resolved within a reasonable time by conciliation under subsection (8),the Industrial Commission must refer the matter to the President of the Industrial Court fordetermination by a review committee.

(10) The review committee may determine how a particular work group or groups are to beconstituted and the decision of the review committee is binding on all parties.



(11) The constitution of a work group may be varied at any time—

(a) by agreement between the employer and—

(i) any interested employees; or

(ii) a person appointed by such employees; or

(b) in default of agreement, by a review committee.

(12) The employer must keep a list of the work groups constituted under this section.

(13) A copy of the list must be displayed by the employer in a prominent place at his or herprincipal place of business, or at any other place that is appropriate taking into account theconstitution of the various work groups.

Election of health and safety representatives28. (1) The election of health and safety representatives shall be conducted in accordance with

this section.

(2) A person is eligible to be a candidate for election as a health and safety representative if theperson is a recognised member of the work group that the health and safety representative is torepresent.

(3) The conduct of an election of a health and safety representative will be carried out by aperson selected by agreement between at least one-half of the recognised members of the workgroup or, failing the selection of such a person within a reasonable time, on application to theCorporation, by a person nominated by the Corporation.

(4) Every recognised member of the work group is entitled to vote at the election to appoint thehealth and safety representative to represent that group.

(5) Subject to subsection (6), the election of a health and safety representative must be carriedout in accordance with procedures prescribed by regulations made after the Minister has consultedwith the Advisory Committee.

(6) The election must be carried out by secret ballot if any recognised member of the workgroup so requests.

(7) If there is only one candidate for election—

(a) a ballot need not be held; and

(b) the candidate shall be deemed to have been duly elected.

(8) If a dispute arises in relation to the election of a health and safety representative under thissection—

(a) a person who is a recognised member of the work group; or

(b) if any such person is a member of a registered association and requests the registeredassociation to act on his or her behalf—that registered association,

may refer the dispute to the Industrial Commission.


(9) Where a dispute is referred to the Industrial Commission under subsection (8), the IndustrialCommission shall attempt to resolve the dispute by conciliation.

(10) If a dispute cannot be resolved within a reasonable time by conciliation undersubsection (9), the Industrial Commission shall refer the dispute to the President of the IndustrialCourt for determination by a review committee.

(11) The review committee may determine the dispute and the decision of the review committeeis binding on all the parties.

(12) On being elected under this section, a health and safety representative shall, in accordancewith the regulations, provide the prescribed information to the employer and the Corporation.

Election of a deputy health and safety representative29. (1) The recognised members of a work group may elect one of their number to be a

deputy to the health and safety representative for that group.

(2) A deputy may, in the absence of the health and safety representative, perform the functionsof the health and safety representative under this Act.

Term of office of a health and safety representative30. (1) Subject to this section, a health and safety representative shall hold office for a term of

three years.

(2) A person ceases to be a health and safety representative for a work group if that person—

(a) completes a term of office as a health and safety representative expires and is notre-elected; or

(b) ceases to belong to the relevant work group; or

(c) resigns as a health and safety representative; or

(ca) is removed from office by a resolution of at least two-thirds of the recognised membersof the group on the ground that they consider that the person has ceased to be a suitableperson to act as their representative; or

(d) is disqualified by a review committee.

(3) Where there is a substantial change in the circumstances surrounding the constitution of awork group and it is agreed at that time by at least one-half of the recognised members of thegroup that a fresh election should be held to elect a health and safety representative, the health andsafety representative who was representing that group must resign and a fresh election must beheld.

(4) An application for the disqualification of a health and safety representative may be made tothe President of the Industrial Court for determination by a review committee by—

(a) the employer; or

(b) a registered association of which any recognised member of the work group that thehealth and safety representative represents is a member; or

(c) a majority of the employees who at any particular time are the members of the workgroup that the health and safety representative represents.



(5) The grounds upon which a health and safety representative may be disqualified are—

(a) that the health and safety representative has on repeated occasions neglected to carryout the functions of a health and safety representative under this Act; or

(b) that the health and safety representative has—

(i) exercised or performed powers or functions under this Act for an improperpurpose; or

(ii) disclosed information (being information acquired from the employer) for animproper purpose.

(6) If a review committee is satisfied that a ground for disqualification exists, the reviewcommittee may, if it thinks fit, disqualify the health and safety representative for a specifiedperiod.

(7) In determining what action (if any) should be taken under subsection (6), the reviewcommittee shall take into account—

(a) the harm (if any) that has been caused by the health and safety representative;

(b) the past record of the health and safety representative in exercising or performingpowers or functions under this Act;

(c) whether the actions of the health and safety representative were contrary to the publicinterest;

(d) any other relevant consideration.

(8) For the purposes of this section, a reference to a health and safety representative includes adeputy to a health and safety representative.

Health and safety committees31. (1) At the request of—

(a) a health and safety representative; or

(b) a prescribed number of employees; or

(c) a majority of the employees at any workplace,

the employer must, within two months of the request, establish one or more health and safetycommittees.

(1a) An employer must also establish one or more health and safety committees if required todo so by or under the regulations.

(2) The composition of a health and safety committee shall be determined by agreementbetween the employer, the health and safety representative and any interested employees.

(3) If an employee is a member of a registered association, that registered association shall, atthe request of the employee, be consulted in relation to the composition of a health and safetycommittee under this section.


(4) The membership of a committee should, so far as is reasonably practicable, represent areasonable cross-section of the persons whose activities, work, or health, safety or welfare (whetheras principal, manager, supervisor or employee) could be within the responsibilities of thecommittee subject however to the following qualifications:

(a) any relevant health and safety representative should be encouraged to be a member ofthe committee; and

(b) at least half of the members of the committee must be employees.

(5) If at any time agreement cannot be reached on any matter relating to the establishment orcomposition of a health and safety committee, an interested party may refer the matter to theIndustrial Commission to resolve the disagreement.

(6) Where a matter is referred to the Industrial Commission under subsection (5), the IndustrialCommission shall attempt to resolve the matter by conciliation.

(7) If a matter cannot be resolved within a reasonable time by conciliation under subsection (6),the Industrial Commission shall refer the matter to the President of the Industrial Court fordetermination by a review committee.

(8) The review committee may determine any matter relating to the establishment orcomposition of a health and safety committee and its decision is binding on all the parties.

(9) Subject to the regulations, the proceedings of a health and safety committee shall beconducted in such manner as the committee may determine.

(10) A health and safety committee shall hold at least one meeting in every 3 months.

(11) A meeting of a health and safety committee shall be held—

(a) on the request of at least half of the members of the committee; or

(b) on the request of a health and safety representative; or

(c) on the request of the employer.

(12) The composition of a health and safety committee may be varied at any time by agreementbetween the employer, any relevant health and safety representative, and any interested employeeswho are within the responsibility of the committee.

(13) In addition to the other matters provided by this section, the regulations may makeprovision for—

(a) the term of office of a member of a health and safety committee;

(b) the disqualification of a person from acting, or continuing to act, as a member of ahealth and safety committee;

(c) the appointment of a person to a casual vacancy in the membership of a health andsafety committee.

(14) This section does not apply to a prescribed employer or an employer of a prescribed class(if any).



DIVISION 3—FUNCTIONS OF HEALTH AND SAFETY REPRESENTATIVESAND COMMITTEES

Functions of health and safety representatives32. (1) A health and safety representative may, for the purpose of the health, safety and welfare

of the employees in the work group that the health and safety representative represents—

(a) inspect the whole or any part of any relevant workplace—

(i) at any time after giving reasonable notice to the employer (which must statethe name of any consultant who is to accompany the representative during theinspection and the purpose for which the consultant’s advice is sought); or

(ii) immediately, in the event of an accident, dangerous occurrence or imminentdanger or risk to the health or safety of any person;

(b) accompany an inspector during an inspection of any relevant workplace;

(c) investigate complaints relating to occupational health, safety or welfare made byemployees in the work group;

(d) at the request of the employee, be present at any interview concerning occupationalhealth, safety or welfare between an inspector and an employee;

(e) at the request of the employee, be present at any interview concerning occupationalhealth, safety or welfare between the employer (or a representative of the employer) andan employee;

(f) make representations to the employer on any matter that relates to occupational health,safety or welfare at any relevant workplace.

(2) In relation to the inspection of a workplace under subsection (1)(a), a health and safetyrepresentative may—

(a) be accompanied by such consultants as the representative thinks fit; and

(b) discuss any matter affecting health, safety or welfare with any employee at theworkplace; and

(c) carry out any investigation that may appear appropriate.

(3) Subsections (1) and (2) are subject to the following qualifications:

(a) a health and safety representative is only entitled to be accompanied on an inspectionby a consultant approved by—

(i) the Minister after seeking the advice of the Advisory Committee or theCorporation; or

(ii) a health and safety committee that has responsibilities in relation to the workgroup that the health and safety representative represents; or

(iii) the employer; and


(b) a health and safety representative should take reasonable steps to consult with theemployer in relation to carrying out an investigation of any workplace and the outcomeof any such investigation.

(4) An employer is not liable for the cost of a consultant attending at a workplace pursuant tothis section.

(5) The powers and functions of a health and safety representative under this Act are limited toacting in relation to the work group that the health and safety representative represents.

(6) No provision of this Act shall be construed as imposing any duty on a health and safetyrepresentative in his or her capacity as a health and safety representative.

(7) Where a health and safety representative exercises or performs a power or function underthis Act—

(a) for an improper purpose intending to cause harm to the employer or a commercial orbusiness undertaking of the employer; or

(b) for an improper purpose related to an industrial claim or dispute,

the health and safety representative is guilty of an offence.



"consultant" means a person who is, by reason of his or her experience or qualifications,suitably qualified to advise on issues relating to occupational health, safety or welfare.

Functions of health and safety committees33. (1) The functions of a health and safety committee are—

(a) to facilitate co-operation between an employer and the employees of the employer ininitiating, developing, carrying out and monitoring measures designed to ensure thehealth, safety and welfare at work of the employees; and

(b) to assist in the resolution of issues relating to occupational health, safety or welfare thatarise at any relevant workplace; and

(c) to assist in the formulation, review and dissemination (in such languages as areappropriate) to employees of the occupational health, safety and welfare practices,procedures and policies that are to be followed at any relevant workplace; and

(d) to consult with the employer on any proposed changes to occupational health, safety orwelfare practices, procedures or policies; and

(e) to keep under review—

(i) developments in the field of rehabilitation of employees who sufferwork-related injuries; and

(ii) the employment of employees who suffer from any form of disability; and



(f) to assist—

(i) in the return to work of employees who have suffered work-related injuries;and

(ii) in the employment of employees who suffer from any form of disability; and

(g) such other functions as are prescribed or agreed upon by the employer and the healthand safety committee.

(2) A health and safety committee may establish such sub-committees as it thinks fit (whichmay, but need not consist of, or include, members of the committee) to provide advice or to assistit in the performance of its functions under this Act.

(3) A health and safety committee may delegate any of its functions to a sub-committeeestablished under subsection (2).

(4) A delegation under subsection (3)—

(a) may be made subject to such conditions as the health and safety committee thinks fit;and

(b) is revocable at will; and

(c) does not derogate from the power of the committee to act in any matter itself.

Responsibilities of employers34. (1) An employer must—

(a) consult any relevant health and safety representatives and health and safety committeeson any proposed changes to any workplace, the plant used at any workplace, thesubstances used, handled, processed or stored at any workplace, the work to beconducted at any workplace or the procedures for carrying out work at any workplace,where those changes might affect the health, safety or welfare of employees at theworkplace; and

(b) consult any relevant health and safety representatives and health and safety committeeson the occupational health, safety and welfare practices, procedures and policies that areto be followed at any workplace; and

(c) consult any relevant health and safety representatives and health and safety committeeson any proposed changes to occupational health, safety and welfare practices,procedures or policies; and

(d) consult any relevant health and safety representatives on any proposed application to thedesignated person for the modification of the requirements of any regulation; and

(e) at the request of the employee, permit a health and safety representative to be present atany interview concerning occupational health, safety or welfare between the employer(or a representative of the employer) and an employee who is a member of the workgroup that the health and safety representative represents; and

(f) permit any relevant health and safety representative to accompany an inspector duringan inspection of any workplace; and


(g) permit a health and safety representative to have access to such information as theemployer possesses or can reasonably obtain—

(i) relating to risks that arise or may arise at any workplace where employeeswho are members of the work group that the health and safety representativerepresents work, out of work conducted at any workplace or out of plant orsubstances used at any workplace; or

(ii) concerning the health and safety of the employees of the employer (butpersonal information regarding the health of an employee shall not bedivulged under this subparagraph without the consent of the employee),

and, when requested to do so, supply a copy of that information to the health and safetyrepresentative; and

(h) immediately notify a health and safety representative of the occurrence of an accident,dangerous occurrence, imminent danger or risk or hazardous situation that affects ormay affect any employee who is a member of the work group that the health and safetyrepresentative represents; and

(i) notify a health and safety representative of the occurrence of any work-related injury toan employee who is a member of the work group that the health and safetyrepresentative represents; and

(j) provide such other facilities and assistance to health and safety representatives as arenecessary or prescribed to enable them to perform their functions under this Act.

(2) An employer is not required to give to a health and safety representative undersubsection (1)(g)—

(a) information that is privileged on the ground of legal professional privilege; or

(b) information that is relevant to proceedings that have been commenced under this Act.

(3) A health and safety representative is entitled to take, without loss of income, such time offwork as is reasonably necessary or authorised by the regulations for the purposes of performing thefunctions of a health and safety representative under this Act or taking part in any course oftraining relating to occupational health, safety or welfare that is approved by the Minister afterseeking the advice of the Advisory Committee.

(4) Subsection (3) is subject to the following qualifications—

(a) where—

(i) the employer employs 10 or less employees; and

(ii) the employer is not an employer in respect of whom a supplementary levyhas been imposed by the Workers Rehabilitation and CompensationCorporation under Part 5 of the Workers Rehabilitation and CompensationAct 1986,

the health and safety representative may only take such time off work to take part in acourse of training as the employer reasonably allows; and



(b) a deputy health and safety representative may only take time off work to take part in acourse of training with the consent of the employer; and

(c) where there is a reasonable choice of courses of training available to a health and safetyrepresentative, the health and safety representative shall consult with the employerbefore choosing the course that he or she is to attend.

(5) The Minister may, after seeking the advice of the Advisory Committee, prepare and publishguidelines in relation to the operation of subsection (3).

(6) If a dispute arises in relation to the entitlement of a health and safety representative undersubsection (3), the health and safety representative or the employer may refer the dispute to theIndustrial Commission.

(7) The Industrial Commission may determine the dispute and the decision of the Commissionis binding on the health and safety representative and the employer.

DIVISION 4—RESOLUTION OF HEALTH, SAFETY OR WELFARE ISSUES

Default notices35. (1) Where a health and safety representative is of the opinion that a person—

(a) is contravening a provision of this Act; or

(b) has contravened a provision of this Act in circumstances that make it likely that thecontravention will be repeated,

the health and safety representative shall consult with the employer in relation to the matter.

(2) If the health and safety representative and the employer are unable within a reasonable timeto resolve a particular matter pursuant to subsection (1), the matter shall, if there is a health andsafety committee that has responsibility in relation to the matter, be referred to that committee or,if there is no such committee, the matter may be referred to an inspector.

(3) Notwithstanding subsections (1) and (2), if after taking reasonable steps to stop byconsultation a contravention of this Act or prevent a repeated contravention of this Act the healthand safety representative is of the opinion that the matter has not been satisfactorily resolved, thehealth and safety representative may issue a default notice requiring the person to whom the noticeis addressed to remedy the contravention.

(4) A health and safety representative shall not issue a default notice in relation to any matterthat is the subject of an improvement notice or a prohibition notice.


(5) Where a health and safety representative issues a default notice, the notice must—

(a) state that the health and safety representative is of the opinion that a person—

(i) is contravening a provision of this Act; or

(ii) has contravened a provision of this Act in circumstances that make it likelythat the contravention will be repeated; and

(b) state the grounds of the health and safety representative’s opinion.


(6) A health and safety representative may specify in a default notice a day by which thematters referred to in the notice must be remedied.

(7) Where a default notice is issued to an employee, the employee shall, as soon as isreasonably practicable after receiving it, give the notice, or a copy of the notice, to his or heremployer.


(8) Subject to subsection (11), a person to whom a default notice is addressed or, where thatperson is an employee, that person’s employer, shall take all reasonable steps to remedy—

(a) if a day has been specified under subsection (6)—by that day;

(b) if a day has not been specified under subsection (6)—within a reasonable time,

the matters referred to in the notice.


(9) If—

(a) a person to whom a default notice is addressed or, where that person is an employee,that person’s employer, considers that a default notice need not have been issued or is,for some other reason, inappropriate; or

(b) a health and safety representative—

(i) considers that there has been unreasonable delay in taking action undersubsection (8); or

(ii) is dissatisfied with the action taken under that subsection in response to thenotice,

an inspector may be requested to attend at the workplace.

(10) A request under subsection (9)(a) must be made by a person within 14 days of the receiptof the default notice (or a copy of the notice) by the person.

(11) Where an inspector has been requested to attend at a workplace under subsection (9)(a),the operation of the default notice shall, pending the attendance of the inspector, be suspended.

(12) Where a default notice is issued, the person to whom notice is addressed must, on receiptof the notice (or a copy of the notice)—

(a) bring the notice to the attention of any person whose work is affected by the notice;and

(b) display the notice or a copy of the notice in a prominent place at or near any workplacethat is affected by the notice; and

(c) keep a copy of the notice for such period as may be prescribed.




(13) A person shall not remove a notice or a copy of a notice displayed pursuant tosubsection (12) while the notice is in force.


(14) A default notice may be cancelled—

(a) at any time, by the health and safety representative who issued the notice; or

(b) if the health and safety representative is absent from the workplace and cannotreasonably be contacted, by a health and safety committee that has responsibilities inrelation to the matter.

Action where the health and safety of a worker is threatened36. (1) Where a health and safety representative is of the opinion that there is an immediate

threat to the health or safety of an employee who is a member of the work group that the healthand safety representative represents, the health and safety representative shall consult with theemployer in relation to the matter.

(2) If the health and safety representative and the employer are unable within a reasonable timeto resolve a particular matter pursuant to subsection (1), the matter shall, if there is a health andsafety committee that has responsibility in relation to the matter, be referred to that committee or,if there is no such committee, the matter shall be referred to an inspector.

(3) Notwithstanding subsections (1) and (2), if the health and safety representative is of theopinion that given the nature of the threat and degree of risk work should immediately cease, thehealth and safety representative may direct that work cease until adequate measures are taken toprotect the health and safety of an employee.

(4) Where a health and safety representative gives a direction that work cease—

(a) if the direction is given without consultation with the employer or before the matter hasbeen considered by a health and safety committee (if any) that has responsibility inrelation to the matter, the health and safety representative shall, as soon as practicableafter giving the direction, consult with the employer and, if it is necessary orappropriate, with the committee; and

(b) the employer or the health and safety representative may request an inspector to attendat the workplace.

Attendance by inspector37. (1) Where a matter is referred to an inspector under this Division, the inspector shall attend

at the workplace as soon as possible but in any event—

(a) if a direction has been given that work cease—

(i) where the workplace is within the metropolitan area—within 1 business day;

(ii) where the workplace is outside the metropolitan area—within 2 business days;or

(b) in any other case—within 7 business days.


(2) An inspector—

(a) shall attempt to resolve any occupational health, safety or welfare matter that remainsunresolved; and

(b) if a default notice has been issued, may—

(i) confirm the notice; or

(ii) confirm the notice with such modifications as the inspector thinks fit; or

(iii) cancel the notice; and

(c) if the inspector thinks fit, may issue a prohibition notice or an improvement notice; and

(d) may make such recommendations or take such other action as appear appropriate.

(3) Where a work cessation direction was given and an inspector determines that there was animmediate threat to health or safety justifying a cessation of work or that the health and safetyrepresentative reasonably believed that such a threat existed, any employee employed in the workwho is remunerated by wages or salary is entitled to be paid for the period of cessation so as notto suffer a loss of income.

(4) Where an inspector confirms a default notice or confirms such a notice with modifications,the inspector shall order the person to whom the notice was addressed to comply with the noticewithin a period specified by the inspector.

(5) A person who contravenes or fails to comply with a default notice that is confirmed by aninspector within the period specified by the inspector is guilty of an offence.


(6) An employer, employee or health and safety representative who is dissatisfied with theactions of an inspector under this section may apply to the President of the Industrial Court for thedetermination of the matter by a review committee.

(7) At the conclusion of a review under this section, a review committee may give suchdirections as it thinks fit.

(8) A person shall not contravene or fail to comply with a direction of a review committeewithin any period specified by the review committee.



PART 5INSPECTIONS

Powers of entry and inspection38. (1) For the purposes of this Act, an inspector or a person authorised by the Director or the

Corporation to exercise the powers conferred by this section may—

(a) enter at any time any workplace, or any other place where any plant to which this Actextends by virtue of schedule 2 is situated;

(b) inspect the place, anything at the place and work in progress at the place;

(c) require a person who has custody or control of books, documents or records to producesuch books, documents or records;

(d) examine, copy and take extracts from any books, documents or records, or require anemployer to provide a copy of any books, documents or records;

(e) take photographs, films or video or audio recordings;

(f) take measurements, make notes and records and carry out tests;

(g) require any person to answer, to the best of that person’s knowledge, information andbelief, any question relating to the health, safety or welfare of persons at any workplaceor to any other matter to which this Act applies (whether the question is put directly orthrough an interpreter);

(h) require an employer to produce a copy of any statement or record that is required to beprepared or kept under this Act.

(1a) Subsection (1)(a) is subject to the following qualifications:

(a) a person cannot enter a workplace where a self-employed person works alone exceptwhere he or she has a reasonable belief that there is a risk to the health or safety of aperson other than the self-employed person; and

(b) a person cannot enter a place which is not a workplace (being a place where any plantto which this Act extends by virtue of schedule 2 is situated) except where he or she isdoing so at a reasonable time.

(2) Where—

(a) a person whose native language is not English is suspected of having breached this Act;and

(b) the person is being interviewed by an inspector in relation to that suspected breach; and

(c) the person is not reasonably fluent in English,

the person is entitled to be assisted by an interpreter during the interview.

(3) A person is not required to provide under subsection (1)—



(b) information that is relevant to proceedings that have been commenced under this Act.

(4) In addition to the powers contained in subsection (1), an inspector may, if the inspectorsuspects on reasonable grounds that an offence against this Act has been committed, seize andretain anything that affords evidence of that offence, or in relation to which the offence issuspected of having been committed.

(5) An inspector shall, at the request of the occupier of a place from which anything is seizedunder subsection (4), provide a receipt for the thing seized.

(6) In the exercise of powers under this section, a person may be accompanied by suchassistants, authorised by the Director or the Corporation, as may be necessary or desirable in thecircumstances.

(7) The occupier of a place that is the subject of an inspection under this section and anyemployer at that place shall provide such assistance as may be necessary to facilitate the exerciseof the powers conferred by this section.

(8) A person shall not—

(a) hinder or obstruct an inspector or other authorised person in the exercise of a powerconferred by this section; or

(b) refuse or fail, without lawful excuse, to comply with a requirement under this section.


(9) Where the occupier of a workplace becomes aware of the attendance of an inspector at theworkplace, the occupier shall notify the health and safety representatives who are present at theworkplace.

(10) Where an inspector carries out an inspection of a workplace under this section, theinspector—

(a) shall take reasonable steps to consult with the occupier of the workplace (or, if theoccupier is not present, the person who at that time is apparently in control of theworkplace), any employer of employees at the workplace and any health and safetyrepresentative who represents those employees on—

(i) any occupational health, safety or welfare issue that arises from theinspection; and

(ii) the action (if any) that the inspector considers should be taken as a result ofthe inspection; and

(b) shall make available to the occupier, any employer and any health and safetyrepresentative copies of any written report (or any part of a written report) made by theinspector in relation to the inspection, insofar as that report relates to—

(i) factual information obtained during the inspection; or

(ii) the action (if any) that the inspector has taken or proposes to take as a resultof the inspection,



(and, when requested to do so, shall supply a copy of that report or that part of thereport to the occupier, employer and health and safety representatives); and

(c) shall take reasonable steps—

(i) to relate to a health and safety representative the contents of any oral reportmade by the inspector to the occupier or an employer at the workplace andthe details of any consultation that has occurred in the absence of the healthand safety representative (insofar as that report or consultation relates to thehealth, safety or welfare of employees in the work group that the health andsafety representative represents); and

(ii) to relate to an employer the contents of any oral report made by the inspectorto a health and safety representative at the workplace and the details of anyconsultation that has occurred in the absence of the employer.

(11) An inspector who has a pecuniary or other personal interest in any business carried on at aworkplace shall not inspect that workplace unless and until the inspector has disclosed that interestto the Director or to the Corporation and has obtained the Director’s or the Corporation’spermission to carry out the inspection.




PART 6IMPROVEMENT NOTICES AND PROHIBITION NOTICES

Improvement notices39. (1) Where an inspector is of the opinion that a person—

(a) is contravening a provision of this Act; or

(b) has contravened a provision of this Act in circumstances that make it likely that thecontravention will be repeated,

the inspector may issue an improvement notice requiring the person to whom the notice isaddressed to remedy the matters occasioning the contravention or likely contravention.

(2) An improvement notice must—

(a) state that the inspector is of the opinion that a person—

(i) is contravening a provision of this Act; or

(ii) has contravened a provision of this Act in circumstances that make it likelythat the contravention will be repeated; and

(b) state the grounds of the inspector’s opinion; and

(c) specify the provision of this Act in respect of which that opinion is held.

(3) An inspector may—

(a) include in an improvement notice directions as to the measures to be taken to remedythe contravention, or to avoid further contravention, of the Act;

(b) specify in an improvement notice a day by which the matters referred to in the noticemust be remedied.

(4) Subject to this Act, a person who contravenes or fails to comply with an improvementnotice is guilty of an offence.


Prohibition notices40. (1) Where an inspector is of the opinion that there is an immediate risk to the health or

safety of a person at work, or from any plant to which this Act extends by virtue of schedule 2,the inspector may issue to the person apparently in control of the activity from which the riskarises a prohibition notice prohibiting the carrying on of the activity until an inspector is satisfiedthat adequate measures have been taken to avert, eliminate or minimise the risk.

(2) A prohibition notice must—

(a) identify the activity from which the immediate risk to health or safety arises; and

(b) state the grounds of the inspector’s opinion that there is an immediate risk to the healthor safety of a person.


(3) An inspector may include in a prohibition notice directions as to the measures to be taken toavert, eliminate or minimise the risk to which the notice relates.

(4) Subject to this Act a person who contravenes or fails to comply with a prohibition notice isguilty of an offence.

Maximum penalty: Division 2 fine plus $20 000 for each day that the contravention or failurecontinues.

Notices to be displayed41. (1) Where an improvement notice or prohibition notice is issued, to an employee, the

employee shall, as soon as is reasonably practicable after receiving it, give the notice, or a copy ofthe notice, to his or her employer.


(2) Where an improvement notice or a prohibition notice is issued, the person to whom thenotice is addressed must, on receipt of the notice (or a copy of the notice)—

(a) supply a copy of the notice to any health and safety representative who represents anyemployees whose work is affected by the notice; and

(b) bring the notice to the attention of any person whose work is affected by the notice;and

(c) display the notice or a copy of the notice in a prominent place at or near any workplaceor plant that is affected by the notice.


(3) A person shall not remove a notice or the copy of a notice displayed pursuant tosubsection (2) while the notice is in force.


Review of notices42. (1) Any of the following persons, namely—

(a) an employer affected by an improvement notice or prohibition notice; or

(b) a person in relation to whose work or plant an improvement notice or a prohibitionnotice applies; or

(c) a health and safety representative who represents any employee whose work is affectedby an improvement notice or a prohibition notice,

may apply to the President of the Industrial Court to have the notice or the actions of an inspectorreviewed by a review committee.

(2) An application under subsection (1)(a) or (b) must be made by a person within 14 days ofthe receipt of the notice (or a copy of the notice) by the person.

(3) Pending the determination of an application for review under this section the operation ofthe notice to which the application relates shall—



(a) in the case of an improvement notice—be suspended;

(b) in the case of a prohibition notice—continue.

(4) A review committee may if it thinks fit make an interim order suspending the operation of aprohibition notice until the matter is resolved.

(5) An order under subsection (4) must be made subject to such conditions as may be necessaryto protect the health and safety of any person.

(6) Where a prohibition notice has been issued, the proceedings on a review under this sectionmust be carried out as a matter of urgency.

Powers of committee on review43. (1) At the conclusion of a review under this Part, a review committee may—

(a) confirm any notice to which the review relates; or

(b) confirm a notice with such modifications as it thinks fit; or

(c) cancel a notice; or

(d) issue a notice or issue a different notice in substitution for the notice.

(2) Where a review committee confirms an improvement notice the operation of which has beensuspended or confirms such a notice with modifications, the review committee shall order theperson to whom the notice was addressed to comply with the notice within a period specified bythe committee.

(3) A person who contravenes or fails to comply with a notice that is confirmed or issued by areview committee within the period specified by the committee is guilty of an offence.


Worker’s entitlement to pay while notice is in force44. Where work is suspended in consequence of an improvement notice or a prohibition notice,

an employee employed in the work who is remunerated by wages or salary is entitled to be paidfor the period of suspension so as not to suffer a loss of income.

Action on default45. (1) Subject to subsection (2), where a person is required by an improvement notice or

prohibition notice to take any specified measures and the person fails to comply with the notice,the inspector who issued the notice may have those measures carried out and, for that purpose, theinspector or any person authorised by the inspector may, after giving reasonable notice to theperson required to take the measures, enter and take possession of any workplace, or any otherplace where any plant to which this Act extends by virtue of schedule 2 is situated (taking suchmeasures as are reasonably necessary for the purpose) and do, or cause to be done, such things asfull and proper compliance with the notice may require.

(2) If a person who has been required by an improvement notice or prohibition notice to takespecified measures stops using plant that is subject to the notice and satisfies an inspector that theplant will not be used again until the notice is complied with, action may not be taken undersubsection (1) in relation to that plant (unless the plant is used again before the notice is compliedwith).


(3) If a person referred to in subsection (2) uses plant that is not to be used again until animprovement notice or prohibition notice is complied with before that notice is complied with, theperson is guilty of an offence.


(4) The Crown may recover the costs and expenses reasonably incurred in an inspector or otherauthorised person exercising the powers under subsection (1) from the person who failed to complywith the notice, as a debt in a court of competent jurisdiction.



PART 7REVIEW COMMITTEES

Review committees46. There shall be such review committees as are necessary for the purposes of this Act.

Constitution of review committees47. (1) A review committee shall be constituted in relation to particular proceedings by the

President of the Industrial Court.

(2) The President of the Industrial Court shall constitute a review committee by appointing onemember from each of the panels constituted under subsection (3) to the committee.

(3) For the purpose of constituting review committees there shall be—

(a) a panel of Judges of the Industrial Court and Industrial Magistrates appointed by thePresident; and

(b) a panel of members nominated by the Minister after taking into account therecommendations of employer associations; and

(c) a panel of members nominated by the Minister after taking into account therecommendations of the United Trades and Labor Council.

(4) A person shall cease to be a member of a panel if that person—

(a) resigns by written notice addressed to the President of the Industrial Court; or

(b) is removed from the panel—

(i) in the case of a Judge or Industrial Magistrate—by the President; or

(ii) in any other case—by the Minister,

on the ground of misconduct, neglect of duty, incompetence or mental or physicalincapacity to carry out satisfactorily the duties of office; or

(c) has completed a period of 3 years since being appointed to the panel, or last appointedto the panel, and is not reappointed to the panel.

(5) A member of a panel is entitled to such fees, allowances and expenses as the Governor mayapprove.

(6) Despite subsection (2), the President of the Industrial Court may, in a special case,constitute a review committee solely of a Judge of the Industrial Court or an Industrial Magistrate(and this Part will then apply with respect to the relevant proceedings with such modifications orvariations as may be necessary or appropriate, or as may be prescribed).

Procedures of the committee48. (1) The member of a review committee appointed from the panel of Judges and Industrial

Magistrates shall preside at any proceedings of the review committee.

(2) A decision in which any two members of a review committee concur is a decision of thecommittee.


(3) A review committee—

(a) shall act according to equity, good conscience and the substantial merits of the casewithout regard to technicalities and legal forms; and

(b) is not bound by any rules of evidence, but may inform itself on any matter in suchmanner as it thinks fit.

(4) A review committee shall give reasonable notice to the parties to proceedings before it ofthe time and place of those proceedings and shall afford the parties a reasonable opportunity to callor give evidence, to examine or cross-examine witnesses and to make submissions.

(5) In the exercise of its powers and functions, a review committee may—

(a) by summons signed by the presiding member of the committee, require the attendancebefore the committee of any person; and

(b) by summons signed by the presiding member of the review committee, require theproduction of any document, object or material; and

(c) require any person appearing before the review committee to answer any relevantquestions put by the committee, any member of the committee or by any personappearing before the committee.

(6) Where—

(a) the native language of a person who is to give oral evidence in any proceedings beforea review committee is not English; and

(b) the witness is not reasonably fluent in English,

the person is entitled to give that evidence through an interpreter.

(7) A person may present written evidence to a review committee in a language other thanEnglish if that written evidence has annexed to it—

(a) a translation of the evidence into English; and

(b) an affidavit by the translator to the effect that the translation accurately reproduces inEnglish the contents of the original evidence.

(8) If a person—

(a) who has been served with a summons to attend before a review committee fails withoutreasonable excuse to attend in obedience to the summons; or

(b) who has been served with a summons to produce any document, object or material,fails without reasonable excuse to comply with the summons; or

(c) misbehaves before a review committee, wilfully insults a review committee or anymember of a review committee, or interrupts the proceedings of a review committee; or



(d) refuses to answer any relevant question when required to do so by a review committee,

that person shall be guilty of an offence.


(9) A person is not obliged to answer a question under this section if the answer would tend toincriminate that person of an offence, or to produce a document, object or material if it or itscontents would tend to incriminate that person of an offence.

(10) A review committee may—

(a) refer any technical matter to an expert;

(b) accept the evidence or report of an expert.

(11) A person is entitled to appear personally, or by representative, in proceedings before areview committee.

(12) A person who appears as a witness in proceedings before a review committee is, subject toany contrary direction by the review committee, entitled to reimbursement of expenses inaccordance with the regulations.

(13) A review committee should hear and determine any matter referred to it as expeditiously aspossible.

(14) Except as provided by this section, the proceedings of a review committee may beconducted in such manner as the review committee determines.

Appeals49. (1) A party to proceedings before a review committee may appeal to the Supreme Court

against a decision of the committee in those proceedings.

(2) For the purposes of an appeal under this section, the Supreme Court may be constituted of asingle Judge.

(3) An appeal under this section may be on a question of law or a question of fact.

(4) An appeal on a question of fact may only occur with leave of the Supreme Court (whichshould only be granted where special reasons are shown).

(5) An appeal under this section must be instituted within 21 days of the decision appealedagainst unless the Supreme Court, in its discretion, allows a longer time for the institution of anappeal.

(6) Pending the determination of an appeal in a case where a prohibition notice has been issued,the operation of the prohibition notice shall, subject to an order made under subsection (7),continue.

(7) The Supreme Court may if it thinks fit make an interim order suspending the operation of aprohibition notice pending the determination of an appeal.

(8) An order under subsection (7) must be made subject to such conditions as may be necessaryto protect the health and safety of the employees to whom the prohibition notice relates.


Immunity of members50. No personal liability attaches to a member of a review committee for an act or omission by

the member in good faith in the exercise or discharge or purported exercise or discharge of apower or function of the member under this Act.



PART 8MISCELLANEOUS

Immunity of inspectors and officers51. (1) No personal liability attaches to an inspector or an officer of the Corporation engaged in

the administration or enforcement of this Act for an act or omission by the inspector or officer ingood faith in the exercise or discharge, or purported exercise or discharge, of an official power orfunction under this Act.

(2) A liability that would, but for subsection (1), lie against an inspector or officer shall lieagainst the Crown.

Inspector to produce certificate of authority52. Where an inspector exercises a power or performs a function under this Act, the inspector

must, at the request of a person affected by the exercise of the power or the performance of thefunction, produce a certificate of identification, in a form approved by the Minister, for inspectionby that person.

Delegation53. (1) The Minister, the Director or the Corporation may, by instrument in writing, delegate a

power or function under this Act.

(2) A delegation under this section—

(a) may be made subject to such conditions as the delegator thinks fit; and

(b) is revocable at will; and

(c) does not derogate from the power of the delegator to act in any matter.

Power to require information54. (1) The Minister or the Corporation or a person authorised by the Minister or the

Corporation may, by notice in writing, require a person to furnish information relating tooccupational health, safety or welfare that is reasonably required for the administration, operationor enforcement of this Act.

(1a) The Advisory Committee may, by notice in writing, require the Department for IndustrialAffairs or the Corporation to furnish information necessary for the performance of the AdvisoryCommittee’s functions.

(2) A person is not required to provide under subsection (1)—


(b) information that is relevant to proceedings that have been commenced under this Act;or

(c) information that would tend to incriminate the person who has the information of anoffence; or

(d) personal information regarding the health of a person who does not consent to thedisclosure of the information.


Confidentiality55. (1) A person (including a health and safety representative, a member of a health and safety

committee or a person acting as a consultant) must not disclose information (except as permittedby subsection (1a)) if—

(a) the person obtained the information in the course of carrying out functions in, or relatedto, the administration, operation or enforcement of this Act; and

(b) the information is—

(i) about commercial or trading operations; or

(ii) about the physical or mental condition, or the personal circumstances oraffairs, of an employee or other person; or

(iii) information provided in a return or in response to a request for informationunder this Act.


(1a) The disclosure of information is permitted if it is—

(a) a disclosure in the course of official duties; or

(b) a disclosure of statistical information; or

(c) a disclosure made with the consent of the person to whom the information relates, orwho furnished the information; or

(d) a disclosure required by a court or tribunal constituted by law; or

(e) a disclosure to the Corporation, or to an administrative unit in the Public Service of theState, made under the authorisation of the Minister; or

(f) a disclosure authorised by the regulations.

(1b) A regulation made for the purposes of subsection (1a)(f) cannot take effect unless it hasbeen laid before both Houses of Parliament and—

(a) no motion for disallowance is moved within the time for such a motion; or

(b) every motion for disallowance of the regulation has been defeated or withdrawn, or haslapsed.

(1c) A person must, in making a disclosure under subsection (1a), insofar as is reasonablypracticable, take steps to prevent or minimise any adverse commercial or industrial impact on therelevant employer.

(2) An inspector shall not intentionally disclose to an employer the name of a person who hasmade a complaint to the inspector in relation to occupational health, safety or welfare unless—

(a) the disclosure is made with the consent of the complainant; or



(b) the disclosure is required by a court or tribunal constituted by law.


Discrimination against workers56. (1) An employer shall not dismiss an employee, injure an employee in employment or

threaten, intimidate or coerce an employee by reason of the fact that the employee—

(a) is a health and safety representative or a member of a health and safety committee orhas performed the functions of a health and safety representative or of a member of ahealth and safety committee; or

(b) has assisted or given information to an inspector, health and safety representative orhealth and safety committee; or

(c) has made a complaint in relation to a matter affecting health, safety or welfare.


(2) An employer or prospective employer shall not refuse or deliberately omit to offeremployment to a prospective employee or treat a prospective employee less favourably thananother prospective employee would be treated in relation to the terms on which employment isoffered by reason of the fact that the prospective employee—

(a) has been a health and safety representative or a member of a health and safetycommittee or has performed the functions of a health and safety representative or of amember of a health and safety committee; or

(b) has assisted or given information to an inspector, health and safety representative orhealth and safety committee; or

(c) has made a complaint in relation to a matter affecting health, safety or welfare.


(3) If in proceedings for an offence against this section all the facts constituting the offenceother than the reason for the defendant’s action are proved, the onus of proving that the act ofdiscrimination was not actuated by the reason alleged in the charge shall lie on the defendant.

(4) Where a person is convicted of an offence against this section, the court may, in addition toany penalty it may impose, make one or both of the following orders:

(a) it may order the person to pay within a specified period to the person discriminatedagainst such damages as it thinks fit to compensate that person;

(b) it may order that an employee be re-instated or re-employed in the employee’s formerposition or, where that position is not reasonably available, in a similar position, onconditions determined by the court, or that a prospective employee be employed in theposition for which the prospective employee had applied or a similar position.

(5) This section does not derogate from any right under any other Act or law of a personagainst whom an offence has been committed.


Assignment of workers during a cessation of work57. Where work is suspended in consequence of a direction of a health and safety representative

that work cease or on account of the issue of a default notice, an improvement notice or aprohibition notice, the employer may, while the work remains suspended, assign an employee tosuitable alternative work.

Offences58. (1) A person who contravenes or fails to comply with a provision of this Act is guilty of an

offence.

(2) A person who is guilty of an offence against this Act for which no penalty is specificallyprovided is liable to a Division 5 fine.

(3) Subject to this Act, offences against this Act are summary offences.

(4) The issuing of a default notice, improvement notice or prohibition notice under this Actdoes not prevent the institution of proceedings for an offence against this Act in relation to thesubject matter of the notice.

(5) Proceedings for an offence against this Act may be brought against—

(a) an agency or instrumentality of the Crown;

(b) a person employed by or under the Crown.

(6) Proceedings for a summary offence against this Act must be commenced—

(a) in the case of an expiable offence—within the time limits prescribed for expiableoffences by the Summary Procedure Act 1921;

(b) in any other case—within 2 years of the date on which the offence is alleged to havebeen committed.

(7) Proceedings for an offence against this Act may only be brought—

(a) by the Minister; or

(b) by an inspector; or

(c) if an employee has suffered injury as a result of an act or omission which is alleged toconstitute an offence against this Act and proceedings have not been commenced by theMinister or an inspector within 1 year of the date on which the offence is alleged tohave been committed—by the employee.

(8) However, the approval of the Minister is required to bring proceedings undersubsection (7)(c) unless 18 months have elapsed since the date on which the relevant offence isalleged to have been committed.

(9) An apparently genuine document purporting to be signed by the Minister and to give anapproval for the purposes of subsection (8) will be accepted in any legal proceedings, in theabsence of proof to the contrary, as proof of the approval.



Aggravated offence59. (1) Where a person contravenes a provision of Part 3—

(a) knowing that the contravention was likely to endanger seriously the health or safety ofanother; and

(b) being recklessly indifferent as to whether the health or safety of another was soendangered,

the person is guilty of an aggravated offence and liable upon conviction to a monetary penalty notexceeding double the monetary penalty that would otherwise apply under Part 3 for that offence orimprisonment for a term not exceeding 5 years or both.

(2) An offence against this section is a minor indictable offence.

Continuing or repeated offences60. (1) Where a person is convicted of an offence against this Act and after that conviction the

act or omission of that person that constituted the offence continues, that person is guilty of afurther offence.


(2) Where a person is convicted of an offence against this Act, the court may, in addition toany penalty it may impose, order that person to take such steps as are specified in the order andwithin the time specified in the order to comply with this Act.

(3) If the person to whom an order is directed under subsection (2) fails to comply with theorder within the time specified in the order, that person is guilty of a further offence.


(4) Where in proceedings for an offence against this Act the court is satisfied that the accused—

(a) has previously been convicted of the same offence; and

(b) has on the present occasion wilfully repeated the act or omission constituting theoffence,

the court shall, in addition to any penalty it may impose for the offence, impose a penalty of notmore than $40 000.

* * * * * * * * * *

Offences by bodies corporate61. (1) Each body corporate carrying on business in the State must appoint one or more

responsible officers for the purposes of this section.

(2) A person appointed as a responsible officer under this section must be—

(a) a member of the governing body of the body corporate who resides in the State; or

(b) the chief executive officer of the body corporate, if he or she resides in the State; or

(c) if no one is eligible for appointment under a preceding paragraph—a senior executiveofficer of the body corporate who resides in the State; or


(d) if no one is eligible for appointment under a preceding paragraph—an officer of thebody corporate.

(3) A responsible officer must take reasonable steps to ensure compliance by the body corporateof its obligations under this Act.

Maximum penalty—

(a) in a case where paragraph (b) does not apply—division 6 fine;

(b) where the court is satisfied that the offence has contributed to the commission of anoffence by the body corporate—a fine not exceeding the fine that is prescribed for theoffence committed by the body corporate.

(4) If a body corporate fails to appoint one or more responsible officers under this section, eachofficer of the body corporate will be taken to be a responsible officer for the purposes ofsubsection (3).

(5) This section does not derogate from any other rule of law relating to the duties of officersof bodies corporate.

Health and safety in the public sector62. The chief executive officer of each administrative unit under the Government Management

and Employment Act 1985 must appoint a person to be responsible for the implementation of therequirements of this Act in that administrative unit.

Code of practice63. (1) The Minister may, on the recommendation of the Advisory Committee, approve a code

of practice for the purposes of this Act.

(2) A code of practice may incorporate, adopt or apply, with or without modification, any otherdocument prepared or published by any body or authority as in force at the time that the code ofpractice is issued or as in force from time to time.

* * * * * * * * * *

(4) The Minister may, on the recommendation of the Advisory Committee—

(a) approve the revision of the whole or a part of a code of practice; or

(b) revoke a code of practice.

(5) The Minister shall give notice in the Gazette of—

(a) the approval of a code of practice; or

(b) the approval of a revision of the whole or a part of a code of practice; or

(c) the revocation of a code of practice.

(6) The Minister shall cause a copy of—

(a) every approved code of practice; and



(b) where an approved code of practice has been revised and that revision has beenapproved—every approved code of practice as so revised; and

(c) where an approved code of practice has incorporated, adopted or applied any document,

every such document, to be made available for inspection by members of the public withoutcharge.

(7) An approved code of practice and any approved revision of a code of practice shall comeinto operation on the day on which the notice of approval is published in the Gazette or on suchlater day as may be specified in the notice.

(8) An approved code of practice or the revision of a code of practice is subject to disallowanceby Parliament.

(9) Every approved code of practice or revision must be laid before both Houses of Parliamentwithin 14 days of notice of its approval being published in the Gazette if Parliament is in sessionor, if Parliament is not then in session, within 14 days after the commencement of the next sessionof Parliament.

(10) If either House of Parliament passes a resolution disallowing an approved code of practiceor the revision of a code of practice, then the code of practice or revision ceases to have effect.

(11) A resolution is not effective for the purposes of subsection (10) unless passed in pursuanceof a notice of motion given within 14 sitting days (which need not all fall in the same session ofParliament) after the day on which the code of practice was laid before the House.

Use of codes of practice in proceedings63A. Where in proceedings for an offence against this Act it is proved that the defendant failed

to observe a provision of an approved code of practice dealing with the matter in respect of whichthe offence is alleged to have been committed, the defendant is, in the absence of proof to thecontrary, to be taken to have failed to exercise the standard of care required by this Act.

Evidentiary provision64. (1) In proceedings for an offence against this Act, an allegation in the complaint that, at a

specified time—

(a) a person was an employer at a specified workplace; or

(b) a person was an occupier of a specified workplace, or any other place where any plantto which this Act extends by virtue of schedule 2 is situated; or

(c) a notice was given under this Act; or

(d) a notice required to be given under the regulations has not been given; or

(e) a prescribed fee has not been paid; or

(f) a person was an inspector,

shall, in the absence of proof to the contrary, be proof of the matter so alleged.

(2) Nothing said or done during the course of conciliation proceedings under this Act shallsubsequently be given in evidence in other proceedings under this Act.


(3) In any legal proceedings, evidence of the contents of an approved code of practice, or of adocument adopted or applied by, or referred to in, an approved code of practice or a regulation,may be given by production of a document purporting to be certified by or on behalf of theMinister as a true copy of the approved code of practice or other document.

Annual Report65. The Advisory Committee must, before 30 September in each year, prepare a report on the

work of the Committee during the financial year that ended on the preceding 30 June and forwardcopies of the report to the Presiding Members of both Houses of Parliament to be laid before theirrespective Houses at the earliest opportunity.

Modifications of regulations66. (1) Where—

(a) the occupier of any place or an employer applies to the designated person under thissection for the modification of the requirements of a regulation as they apply to thatoccupier or employer; and

(b) the designated person is satisfied that a modification of the regulations would notadversely affect the health, safety or welfare of any person,

the designated person may, by notice in writing to the occupier or employer, modify therequirements in the manner set out in the notice (as those requirements apply to any workplace,work, plant, substance or process specified in the notice) and while any such notice remains inforce compliance with the provision as modified shall for the purposes of this Act be deemed to becompliance with the regulation.

(2) The occupier or employer shall—

(a) display the notice or a copy of the notice in a prominent place at or near any workplaceor plant that is affected by the notice; and

(b) provide a copy of the notice to any health and safety representative who representsemployees at any workplace that is affected by the notice.


(3) The designated person shall send to the Minister a copy of every notice issued under thissection.

(4) The designated person has an absolute discretion to vary or revoke a notice issued underthis section.

(5) A health and safety representative or a registered association representing one or moreemployees at a workplace that is affected by the notice may apply to the President of the IndustrialCourt for a review by a review committee of a notice issued under this section.

(6) Pending the determination of a review under this section, the operation of the notice towhich the review relates shall continue.

(7) At the conclusion of a review under this section, a review committee may—

(a) confirm the notice to which the review relates; or

(b) confirm the notice with such modifications as it thinks fit; or



(c) cancel the notice.

Exemption from Act67. (1) Where—

(a) an employer or any other person applies to the Minister under this section for anexemption from all or any of the provisions of this Act; and

(b) the Minister is satisfied—

(i) that the granting of the exemption would not adversely affect the health,safety or welfare of any person;

(ii) that it is reasonable to grant such an exemption,

the Minister may, by notice in writing to the employer or person, grant an exemption under thissection.

(2) A notice under subsection (1) may exempt—

(a) the employer or other person who applied for the exemption; or

(b) specified operations carried on by that employer or person; or

(c) a specified place under the management or control of that employer or person,

from all or any of the provisions of this Act.

(3) Before deciding on whether to grant an exemption under this section, the Minister must—

(a) consult with the Advisory Committee; and

(b) so far as is reasonably practicable, consult with—

(i) any registered association representing employers that might have an interestin the matter; and

(ii) any registered association representing one or more employees who might beaffected by the granting of the exemption.

(4) An exemption under this section may be granted subject to such limitations as the Ministerthinks fit.

(5) The Minister has an absolute discretion to revoke an exemption granted under this section.

Registration of employers67A. (1) Subject to subsection (2), a person who is required to be registered as an employer

under the Workers Rehabilitation and Compensation Act 1986 is also required to be registeredunder this Act.

(2) A person is not required to be registered if the person is exempt from the obligation to beregistered by the regulations.

(3) The Corporation will undertake registrations under this section in conjunction with theregistration of employers under the Workers Rehabilitation and Compensation Act 1986.


(4) A periodical fee is payable in relation to a registration under this section.

(5) Subject to this section, the amount of the fee will be set by the Corporation—

(a) taking into account the criteria prescribed by or under subsection (6); and

(b) on the basis that the total amount paid to the Corporation for a particular financial yearby persons registered under this section should, so far as is reasonably practicable,equal the prescribed amount for that financial year.

(6) For the purposes of subsection (5)(a), the criteria to be taken into account are—

(a) that the fee or fees paid by a particular person should reflect the aggregate remunerationpaid to the person’s employees in each class of industry in which the person employsemployees; and

(b) that the fee or fees paid by a person in a particular industry should reflect the risk ofwork-related injuries in that industry; and

(c) that the fee or fees paid by a particular person over a particular financial year shouldreflect any matters taken into account by the Corporation under section 67 of theWorkers Rehabilitation and Compensation Act 1986 for the purposes of the calculationor imposition of a levy under that Act,

and such other criteria as may be prescribed by the regulations (which regulations may, if they soprovide, revoke or replace any of the criteria referred to above).

(7) A prescribed percentage of the prescribed amount for a particular financial year will bepayable to the Department for Industrial Affairs in accordance with guidelines established by theTreasurer.

(8) The prescribed amount for the 1994/1995 financial year, and for each succeeding financialyear, will be an amount fixed for that financial year by the regulations (but if any such regulationis not made before the commencement of the relevant financial year, or is disallowed or revoked,then the prescribed amount for that financial year will be the amount that applied under thissection for the preceding financial year).

* * * * * * * * * *

(8b) Subsection (5)(b) is subject to the following qualifications:

(a) if the total amount paid under this section for a particular financial year exceeds theprescribed amount for that year, the amount that is sought to be recovered undersubsection (5)(b) for the next financial year should be the prescribed amount for thatyear less the amount of that excess;

(b) if the total amount paid under this section for a particular financial year is less than theprescribed amount for that year, the amount that is sought to be recovered undersubsection (5)(b) for the next financial year should be the prescribed amount for thatyear plus the amount of that deficiency.

(8c) A fee imposed under this section will be payable to the Corporation in accordance with theregulations.



(8d) If a person fails to pay a fee, or the full amount of a fee, in accordance with theregulations, the Corporation may recover the unpaid amount as if it were unpaid levy under Part 5of the Workers Rehabilitation and Compensation Act 1986.

* * * * * * * * * *

(9) The Department for Industrial Affairs is entitled to information provided to the Corporationfor the purposes of this section.

(10) A person who fails to comply with this section is guilty of an offence.


(11) The Governor may, by proclamation, fix a day on which this section expires.

Consultation on regulations68. The Minister shall consult with the Advisory Committee on any regulations proposed to be

made before those regulations are made.

Regulations69. (1) The Governor may make such regulations as are contemplated by this Act or as are

necessary or expedient for the purposes of this Act.

(2) Without limiting the generality of subsection (1), those regulations may be made withrespect to any of the matters specified in schedule 1.

(3) A regulation made under this Act in relation to the registration or licensing of any work,plant, process, substance or workplace may also—

(a) prohibit any activity unless carried on in pursuance of a licence or at registeredpremises or by means of registered equipment;

(b) prescribe the persons who may apply for registration or a licence;

(c) prescribe the manner and form of applications for registration or for a licence;

(d) prescribe fees for registration or for the issuing or holding of a licence;

(e) prescribe the terms and conditions of registration or for the holding of a licence;

(f) provide for the variation by the Director of terms and conditions imposed underparagraph (e);

(g) prescribe the circumstances in which registration or the holding of a licence may becancelled or suspended;

(h) prescribe the manner of application for the renewal or transfer of registration or of alicence.

(4) A right of appeal to the Industrial Court lies against—

(a) a refusal to grant a registration or licence under the regulations; or

(b) a decision of the Director to vary the terms or conditions of registration or for holding alicence; or


(c) a decision to cancel or suspend a registration or licence.

(5) An appeal must be instituted within one month of the date of the decision appealed againstbut the Industrial Court may, if it thinks fit, dispense with the requirement that the appeal shouldbe instituted within that time.

(6) The Industrial Court may on the hearing of an appeal, taking into account what is just andreasonable in the circumstances, exercise one or more of the following powers—

(a) affirm, vary or quash the decision appealed against and make any incidental or otherorder that may be just and reasonable in the circumstances;

(b) remit the decision for reconsideration;

(c) make any order as to costs.

(7) For the purposes of an appeal under this section, the Industrial Court shall be constituted ofa single Judge.

(8) A right of appeal to the Full Industrial Court lies, with leave of the Full Industrial Court,from a decision of a single Judge under subsection (6).

(8a) A regulation made under this Act in relation to the notification of work-related injuriesmay provide that notice of prescribed classes of injury may be given to the Corporation inconjunction with the provision of information relating to claims for compensation under theWorkers Rehabilitation and Compensation Act 1986.

(8b) The Department for Industrial Affairs is entitled to information relating to work-relatedinjuries obtained by the Corporation under subsection (8a).

* * * * * * * * * *

(9) Regulations made under this Act may incorporate, adopt, apply or make prescriptions byreference to, with or without modification—

(a) any code of practice issued by the Advisory Committee;

(b) any other document prepared or published by any body or authority as in force at thetime the regulations are made or as in force from time to time.

(10) The Minister shall cause a copy of any document that has been incorporated, adopted orapplied by regulations made under this Act or by reference to which a prescription is made bythose regulations to be made available for inspection by members of the public without charge.

(11) Regulations made under this Act—

(a) may be of general or limited application; and

(b) may leave any matter or thing to be determined, dispensed with, regulated or prohibitedaccording to the discretion of the Director or the designated person, either generally orin a particular case or class of case; and

(c) may make different prescriptions according to prescribed circumstances; and

(d) may differentiate between various classes of persons.



Repeal70. The Industrial Safety, Health and Welfare Act 1972 is repealed.

Amendment of certain Acts71. (1) The Industrial Conciliation and Arbitration Act 1972 is amended as indicated in the first

Part of schedule 3.

(2) The Mines and Works Inspection Act 1920 is amended as indicated in the second Part ofschedule 3.

(Reprint No. 6)SCHEDULE 1


SCHEDULE 1Regulations

1. Health, safety or welfare standards that must be complied with—

(i) at any workplace; or

(ii) in the performance of any work; or

(iii) in the use, cleaning, maintenance or transportation of any plant; or

(iv) in the use, handling, processing, storing, transporting or disposal of any substance; or

(v) in the design, manufacture, importing or supplying of any plant; or

(vi) in the manufacture or importing of any substance.

2. The safeguarding, siting, installing, testing, altering, repairing, maintaining or dismantling of any plant.

3. The testing, analysis, labelling or marking of any substance.

3A. The procedures to be followed in respect of the registration of any person under this Act.

3B. The information to be provided by persons who are required to be registered under this Act.

4. The registration or licensing of any work, plant, process, substance or workplace by the Director or anyother prescribed person or authority.

5. The steps to be taken on the occurrence of any work-related injury.

6. The notification of work-related injuries.

7. The special monitoring of the health and welfare of employees in specified classes of work.

8. The notification of accidents and dangerous occurrences.

9. The issuing of certificates of competency or provisional certificates of competency for persons engagedin prescribed work and for the duration, variation, suspension or cancellation of such certificates.

10. The prohibition of the carrying on of prescribed activities at workplaces or the performance ofprescribed work except by or under the supervision of persons with prescribed qualifications, training orexperience.

11. The supply, use, testing and maintenance of clothing and equipment for occupational health, safety orwelfare purposes.

12. Fire-safety rules and procedures and the provision and maintenance of fire protection equipment.

13. The appointment of persons who are to be responsible for the supervision of occupational safety inprescribed circumstances or industries.

14. The form and use of scaffolding, form work, false work and related equipment.

15. The carriage and handling of cash.

16. The provision of medical, nursing or first aid facilities at workplaces and the standards for suchfacilities.

17. The medical examination of employees.

18. The employment of young persons.

(Reprint No. 6)SCHEDULE 12 Occupational Health, Safety and Welfare Act 1986

19. The safety of persons in isolated or remote areas.

20. Standards for the manual handling of loads by persons at work.

21. The safety of persons in the vicinity of any workplace or plant.

22. The minimum standards that must be observed in providing information, instruction and training for thehealth and safety of employees whose native language is not English and who are not reasonably fluent inEnglish.

23. The giving of notices, in specified circumstances, to the Minister, an inspector or other prescribedperson or authority.

24. The removal of asbestos from any place, the disposal of asbestos or the treatment of asbestos in anyplace.

25. The keeping and provision of records, returns and information for the purposes of this Act (includingrecords relating to accidents and dangerous occurrences that occur at work and work-related injuries sufferedby employees).

26. Procedures that are to be carried out on inspections under this Act.

27. Fees (including differential and periodic fees) for the purposes of this Act.

28. Forms for the purposes of this Act.

29. The service of notices under this Act.

30. The recovery of fees under this Act.

31. The exemption, either absolutely or subject to prescribed limitations or conditions, of persons or workor classes of persons or work from any provision of this Act.

32. In relation to penalties for breaches of the regulations—

(a) in the case of regulations prescribing standards for health or safety at work—penalties notexceeding a Division 2 fine;

(b) in any other case—penalties not exceeding a Division 6 fine.

33. Expiation fees for alleged offences against the regulations.

(Reprint No. 6SCHEDULE 2


SCHEDULE 2Extension of Act to Specified Plant

1. Subject to any exclusions or modifications prescribed by the regulations, this Act extends to thefollowing types of plant (whether or not such plant is situated, operated or used at any workplace):

(a) amusement structures;

(b) cranes;

(c) hoists;

(d) lifts;

(e) pressure equipment.

2. For the purposes of clause 1—

"amusement structure" means a structure or device of a prescribed kind operated for hire or reward whichis used or designed to be used for amusement, recreation, sport, sightseeing or entertainment and on whichpersons may be moved, carried, raised, lowered or supported by any part of the structure or device;

"crane" means an appliance by means of which loads may be raised or lowered and moved horizontallyand includes the supporting structure and foundations of such an appliance;

"hoist" means an appliance by means of which loads may be raised or lowered that is not a crane or lift;

"lift" means a permanent apparatus (or apparatus intended to be permanent) which is in or attached to abuilding or structure and by means of which persons, goods or materials may be raised or lowered withinor on a car, cage or platform and the movement of which is restricted by a guide or guides and includes anapparatus in the nature of a chairlift, escalator, moving walk or stairway lift, and any supporting structure,machinery, equipment, gear, lift-well, enclosure and entrance;

"pressure equipment" means—

(a) any boiler, being a vessel, or an arrangement of vessels and inter-connecting parts, inwhich steam or other vapour is generated, or water or other liquid is heated at apressure greater than atmospheric pressure by the use of fire, the products ofcombustion, electrical power or other similar means; or

(b) any pressure vessel (other than a boiler), being a vessel which is subject to internal orexternal pressure greater than atmospheric pressure and includes any interconnectedpart, component, valve, gauge or other fitting up to the first point of connection to anypiping; or

(c) any assembly (other than a boiler or pressure vessel) of a prescribed kind consisting ofpipes, pipe fittings, valves and pipe accessories which are subject to internal or externalpressure.

(Reprint No. 6)SCHEDULE 34 Occupational Health, Safety and Welfare Act 1986

SCHEDULE 3Amendment of Certain Acts

PART 1AMENDMENT OF INDUSTRIAL CONCILIATION AND ARBITRATION ACT 1972

Provision Affected How Affected

Section 157 By striking out paragraph (b) of subsection (1).

PART 2AMENDMENT OF MINES AND WORKS INSPECTION ACT 1920

Provision Affected How Affected

Section 9 After subsection (2) insert the following subsection:

(3) This section does not apply in relation to a report made pursuantto the Occupational Health, Safety and Welfare Act 1986.

Section 18 After subsection (2) insert the following subsection:

(2a) Regulations made under this Act may incorporate, adopt, applyor make prescriptions by reference to, with or without modification—

(a) any code of practice issued by the South AustralianOccupational Health and Safety Commission;

(b) any other document prepared or published by any body orauthority as in force at the time that the regulations are madeor as in force from time to time.

(Reprint No. 7)APPENDIX


APPENDIX

LEGISLATIVE HISTORY

Repeals

The Occupational Health, Safety and Welfare (Plant) Amendment Act 1993 repealed the following Acts:

Boilers and Pressure Vessels Act 1968Lifts and Cranes Act 1985

Transitional Provisions

The Occupational Health, Safety and Welfare Act Amendment Act 1989 provides for a transitional provisionsee s. 12.

(Transitional provision from Statutes Amendment (Chief Inspector)Act 1993, s. 65)

65. This Act does not affect the appointment of any person as an inspector before the commencement ofthis Act (other than as a Chief Inspector).

(Transitional provision from Occupational Health, Safety and Welfare(Plant) Amendment Act 1993, s. 19)

19. The Governor may, by regulation, make such transitional provisions as appear to the Governor to benecessary or expedient on account of the enactment of this Act.

(Transitional provision from Occupational Health, Safety and Welfare(Administration) Amendment Act 1994, s. 28)

28. The Governor may, by regulation, make such saving or transitional provisions as appear to theGovernor to be necessary or expedient on account of the enactment of this Act.

(Transitional provision from Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996, s. 5)

5. An Act repealed or amended by this Act will continue to apply (as in force immediately prior to therepeal or amendment coming into operation) to an expiation notice issued under the repealed or amended Act.

Legislative History

(entries in bold type indicate amendments incorporated since the last reprint)

Long title: amended by 50, 1994, s. 3Section 3: amended by 46, 1993, s. 3Section 4(1): definition of "Advisory Committee" inserted by 50, 1994,

s. 4(a)definition of "the Chief Inspector" repealed by 1, 1993, s. 53(a)definition of "the Commission" repealed by 50, 1994, s. 4(b)definition of "Corporation" inserted by 50, 1994, s. 4(c)definition of "the designated person" inserted by 1, 1993,

s. 53(b); amended by 50, 1994, s. 4(d); 11, 2000, Sched. 2definition of "the Director" inserted by 1, 1993, s. 53(b);

paragraph (b) repealed by 50, 1994, s. 4(e)definition of "inspector" amended by 50, 1994, s. 4(f);

11, 2000, Sched. 2definition of "plant" substituted by 46, 1993, s. 4(a)definition of "registered association" substituted by 50, 1994,

s. 4(g)definition of "work group" amended by 67, 1990, s. 3(a)



definition of "workplace" substituted by 67, 1990, s. 3(b)Section 4(4a): inserted by 46, 1993, s. 4(b)Section 4(5): substituted by 86, 2000, s. 3

Part 2 comprising ss. 7 - 18 and headings amended by24, 1989, ss. 3-8; 67, 1990, ss. 4, 5; 1, 1993, s. 54;repealed and ss. 7 - 13 and heading inserted in its place by50, 1994, s. 5

Section 9(5): amended by 86, 2000, s. 7 (Sched.)Section 12: amended by 86, 2000, s. 7 (Sched.)Section 19(1): amended by 86, 2000, s. 7 (Sched.)Section 19(2): repealed by 67, 1990, s. 6(a)Section 19(3): amended by 67, 1990, s. 6(b), (c)Section 20: amended by 86, 2000, s. 7 (Sched.)Section 20(1): amended by 67, 1990, s. 7(a)Section 20(2): repealed by 67, 1990, s. 7(b)Section 21(1): amended by 50, 1994, s. 6; substituted by 86, 2000, s. 4Section 21(1a) and (1b): inserted by 86, 2000, s. 4Section 22: substituted by 86, 2000, s. 5Section 23: amended by 86, 2000, s. 7 (Sched.)Section 23A: inserted by 67, 1990, s. 8Section 23A(1) and (2): amended by 86, 2000, s. 7 (Sched.)Section 24(1): amended by 46, 1993, s. 5(a); 86, 2000, s. 7 (Sched.)Section 24(2): amended by 46, 1993, s. 5(b); 86, 2000, s. 7 (Sched.)Section 24(2aa): inserted by 46, 1993, s. 5(c)Section 24(2a): inserted by 67, 1990, s. 9(a); amended by 86, 2000, s. 7

(Sched.)Section 24(3): amended by 86, 2000, s. 7 (Sched.)Section 24(4): inserted by 67, 1990, s. 9(b)Section 24A: inserted by 46, 1993, s. 6Section 24A(1): amended by 86, 2000, s. 7 (Sched.)Section 26A: inserted by 67, 1990, s. 10Section 27: substituted by 67, 1990, s. 10Section 27(6): amended by 50, 1994, s. 7Section 28(2): amended by 67, 1990, s. 11(a)Section 28(3): substituted by 67, 1990, s. 11(b); amended by 50, 1994, s. 8(a)Section 28(4): amended by 67, 1990, s. 11(c)Section 28(5): amended by 50, 1994, s. 8(b)Section 28(6): amended by 67, 1990, s. 11(d)Section 28(8): substituted by 67, 1990, s. 11(e)Section 28(9): amended by 67, 1990, s. 11(f)Section 28(12): amended by 50, 1994, s. 8(c)Section 29(1): substituted by 67, 1990, s. 12Section 30(1): amended by 67, 1990, s. 13(a)Section 30(2): amended by 67, 1990, s. 13(b), (c)Section 30(3): substituted by 67, 1990, s. 13(d)Section 30(4): amended by 67, 1990, s. 13(e), (f)Section 31(1): substituted by 67, 1990, s. 14(a)Section 31(1a): inserted by 50, 1994, s. 9Section 31(4): substituted by 67, 1990, s. 14(b)Section 31(6): amended by 67, 1990, s. 14(c)Section 31(12): amended by 67, 1990, s. 14(d)Section 32(1): amended by 67, 1990, s. 15(a)-(e)Section 32(3): amended by 67, 1990, s. 15(f), (g); 50, 1994, s. 10Section 32(5): amended by 67, 1990, s. 15(h)Section 32(7): amended by 86, 2000, s. 7 (Sched.)Section 33(1): amended by 67, 1990, s. 16Section 34(1): substituted by 67, 1990, s. 17(a); amended by 1, 1993, s. 55Section 34(3): amended by 67, 1990, s. 17(b); 50, 1994, s. 11(a)Section 34(4): amended by 67, 1990, s. 17(c)



Section 34(5): amended by 50, 1994, s. 11(b)Section 35(2): amended by 67, 1990, s. 18(a)Section 35(3): amended by 67, 1990, s. 18(b)Section 35(4): amended by 86, 2000, s. 7 (Sched.)Section 35(5): amended by 67, 1990, s. 18(c)Section 35(7): amended by 86, 2000, s. 7 (Sched.)Section 35(8): amended by 67, 1990, s. 18(d); 86, 2000, s. 7 (Sched.)Section 35(9): amended by 67, 1990, s. 18(e)Section 35(12): substituted by 67, 1990, s. 18(f); amended by 86, 2000, s. 7

(Sched.)Section 35(13): amended by 86, 2000, s. 7 (Sched.)Section 36(1): amended by 67, 1990, s. 19(a)Section 36(2): amended by 67, 1990, s. 19(b)Section 36(4): amended by 67, 1990, s. 19(c)Section 37(4): amended by 67, 1990, s. 20Section 37(5): amended by 86, 2000, s. 7 (Sched.)Section 38(1): amended by 1, 1993, s. 56(a); 50, 1994, s. 12(a); 46, 1993,

s. 7(a)Section 38(1a): inserted by 67, 1990, s. 21(a); substituted by 46, 1993, s. 7(b)Section 38(6): amended by 1, 1993, s. 56(b); 50, 1994, s. 12(b)Section 38(8): amended by 1, 1993, s. 56(c); 50, 1994, s. 12(c); 86, 2000, s. 7

(Sched.)Section 38(9): amended by 46, 1993, s. 7(c)Section 38(10): amended by 67, 1990, s. 21(b)Section 38(11): amended by 1, 1993, s. 56(d); 50, 1994, s. 12(d); 86, 2000,

s. 7 (Sched.)Section 39(1): amended by 67, 1990, s. 22(a)Section 39(2): amended by 67, 1990, s. 22(b)Section 39(4): amended by 86, 2000, s. 7 (Sched.)Section 40(1): amended by 46, 1993, s. 8Section 40(4): amended by 86, 2000, s. 7 (Sched.)Section 41(1): amended by 86, 2000, s. 7 (Sched.)Section 41(2): substituted by 67, 1990, s. 23; amended by 46, 1993, s. 9;

86, 2000, s. 7 (Sched.)Section 41(3): amended by 86, 2000, s. 7 (Sched.)Section 42(1): amended by 67, 1990, s. 24(a); 46, 1993, s. 10(a)Section 42(5): amended by 67, 1990, s. 24(b); 46, 1993, s. 10(b)Section 43(2): amended by 67, 1990, s. 25Section 43(3): amended by 86, 2000, s. 7 (Sched.)Section 45(1): amended by 46, 1993, s. 11Section 45(3): amended by 86, 2000, s. 7 (Sched.)Section 47(6): inserted by 50, 1994, s. 13Section 48(8): amended by 86, 2000, s. 7 (Sched.)Section 51(1): amended by 50, 1994, s. 14Section 53: amended by 1, 1993, s. 57; substituted by 50, 1994, s. 15Section 54(1): substituted by 50, 1994, s. 16(a)Section 54(1a): inserted by 50, 1994, s. 16(a)Section 54(2): amended by 50, 1994, s. 16(b)Section 55(1): substituted by 50, 1994, s. 17(a); amended by 86, 2000, s. 7

(Sched.)Section 55(2): amended by 86, 2000, s. 7 (Sched.)Section 55(1a) - (1c): inserted by 50, 1994, s. 17(a)Section 56(1) and (2): amended by 86, 2000, s. 7 (Sched.)Section 58(6) and (7): substituted by 86, 2000, s. 6Section 58(8) and (9): inserted by 86, 2000, s. 6Section 60(1), (3) and (4): amended by 86, 2000, s. 7 (Sched.)Section 60A: inserted by 67, 1990, s. 26; amended by 50, 1994, s. 18;

repealed by 34, 1996, s. 4 (Sched. cl. 26)Section 61: substituted by 67, 1990, s. 27Section 61(3): amended by 86, 2000, s. 7 (Sched.)Section 63(1): amended by 50, 1994, s. 19(a)



Section 63(3): repealed by 50, 1994, s. 19(b)Section 63(4): amended by 50, 1994, s. 19(c)Section 63A: inserted by 67, 1990, s. 28; amended by 50, 1994, s. 20Section 64(1): amended by 46, 1993, s. 12Section 64(3): inserted by 67, 1990, s. 29Section 65: amended by 1, 1993, s. 58; substituted by 50, 1994, s. 21Section 66(1): amended by 1, 1993, s. 59(a); 46, 1993, s. 13(a), (b)Section 66(2): amended by 46, 1993, s. 13(c), (d); 86, 2000, s. 7 (Sched.)Section 66(3): amended by 1, 1993, s. 59(b); 50, 1994, s. 22Section 66(4): amended by 67, 1990, s. 30; 1, 1993, s. 59(c)Section 67(1): amended by 50, 1994, s. 23(a)-(c); 46, 1993, s. 14(a)-(c)Section 67(2): substituted by 46, 1993, s. 14(d)Section 67(3): substituted by 50, 1994, s. 23(d)Section 67(4): amended by 50, 1994, s. 23(e)Section 67(5): amended by 50, 1994, s. 23(f)Section 67A: inserted by 24, 1989, s. 9Section 67A(3): amended by 50, 1994, s. 24(a)Section 67A(5): substituted by 51, 1993, s. 3; amended by 50, 1994, s. 24(b)Section 67A(6): substituted by 51, 1993, s. 3; amended by 50, 1994, s. 24(c)Section 67A(7): substituted by 51, 1993, s. 3; 50, 1994, s. 24(d)Section 67A(8): substituted by 51, 1993, s. 3; 50, 1994, s. 24(d)Section 67A(8a): inserted by 51, 1993, s. 3; repealed by 50, 1994, s. 24(d)Section 67A(8b): inserted by 51, 1993, s. 3Section 67A(8c): inserted by 51, 1993, s. 3; amended by 50, 1994, s. 24(e)Section 67A(8d): inserted by 51, 1993, s. 3; amended by 50, 1994, s. 24(f)Section 67A(8e): inserted by 51, 1993, s. 3; repealed by 50, 1994, s. 24(g)Section 67A(9): substituted by 50, 1994, s. 24(h)Section 67A(10: amended by 86, 2000, s. 7 (Sched.)Section 67A(11): amended by 1, 1993, s. 60; substituted by 50, 1994, s. 24(i)Section 68: amended by 50, 1994, s. 25Section 69(3): amended by 1, 1993, s. 61(a)Section 69(4): amended by 1, 1993, s. 61(b)Section 69(8a): inserted by 24, 1989, s. 10; amended by 50, 1994, s. 26(a)Section 69(8b): inserted by 24, 1989, s. 10; substituted by 50, 1994, s. 26(b)Section 69(8c): inserted by 24, 1989, s. 10; repealed by 50, 1994, s. 26(b)Section 69(9): amended by 50, 1994, s. 26(c)Section 69(11): amended by 1, 1993, s. 61(c)Schedule 1

Clauses 3A and 3B: inserted by 24, 1989, s. 11Clause 4: amended by 1, 1993, s. 62Clause 8: amended by 46, 1993, s. 15(a)Clause 21: amended by 46, 1993, s. 15(b)Clause 33: inserted by 34, 1996, s. 4 (Sched. cl. 26)

Schedule 2: amended by 1, 1993, s. 63; 50, 1994, s. 27; substituted by46, 1993, s. 16

Documents

OCCUPATIONAL HEALTH, SAFETY AND WELFARE ACT 1986